2004-152FILE REFERENCE FORM 2004-152
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Additional File Contains Records Not Public, According to the Public Records Act
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ORDINANCE NO. OO — �
AN ORDINANCE OF THE CITY OF DENTON APPROVING A SANITARY SEWER
FACILTTIES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CANYON
ENERGY PARTNERS, LTD. TO PROVIDE FOR THE CONSTRUCTION OF SANITARY
SEWER FACILITIES TO SERVE THE ENCLAVE AT LAKEVIEW RANCH, A RESIDENTIAL
DEVELOPMENT IN THE CITY OF DENTON, AND TO SERVE THE NEEDS OF THE CITY
OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Canyon Energy Partners, Ltd. is the owner and developer of the Enclave at
Lakeview Ranch, a development located in the City of Denton, Texas contaiuing approximately 437
acres of land (the "DevelopmenY') as more particulazly described in the agreement (the
"AgreemenY') attached hereto and made a part hereof by reference as Exlubit "A"; and
WHEREAS, there is insufficient capacity in the City's sanitary sewer system to serve the
needs created by the Development; and
WHEREAS, certain sanitary facilities need to be constructed or expanded in order to meet
the demands created by the Development; and
WHEREAS, in addition, the City desires to provide for the oversizing of some ofttte sanitazy
sewer facilities and to participate in the construction of sanitary sewer facilities to meet the needs of
the City which aze above and beyond the needs created by the Development; and
WHEREAS, the City and the Developer desire to enter into this Agreement to set forth the
terms and conditions under which the proposed sanitary facilities will be constructed and paid for;
and
WHEREAS, the City Council of the City of Denton hereby finds that the Agreement serves
a municipal and public purpose and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CTI'Y OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this ordinance aze incorporated by
reference into the body of this ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Ageement, including
the expenditure of funds as provided in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of 2004.
ATTEST:
JENNIFER WALTERS, CITY CRETARY
BY:
APPRO ED AS EGAL FO
HERBERT TY,CI TTORNEY
l:)'E
�U�.l. � �-
EULINE BROCK, MAYOR
Page 2
AGREEMENT FOR THE PROVISION
OF
SANITARY SEWER FACILITIES
THIS AGREEMENT (the "Aereement") is made by and between CANYON ENERGY
PART'NERS, LTD., a Texas ]imited partnership (the "Develoner") and the CIT'Y OF DEN'PON,
TEXAS, a home rule municipality, located in the Denton County, Texas (the "Citv"), as of the
Effective Date provided below, upon the terms and conditions set forth herein.
WHEREAS, the Developer is the owner and developer oF the Enclave at Lakeview
Ranch, a development located in the City of Denton, Texas containing approximately 437 acres
of land and consisting of Sections A(called "Secrion A"), B(called "Section B"), B2 (called
"Section B2"), C(called "Section C"), D(called "Section D"), and E(called "Section E"), as
more particularly described and depicted on Exhibit "A" attached hereto and made a part hereof
by reference (the "Develooment"); and
WHEREAS, the Developer intends to develop Section A and Section B of the
Development first ("Phase One"), Secfion A being more particularly described in the metes and
bounds description attached hereto as Exhibit "B" which is made a paR hereof by reference and
Section B Ueing more particularly described in the metes and bounds description attached hereto
as Exhibit "C" which is made a part hereof by reference (the "Phase One Prouertv"); and
WHEREAS, there is insufficient capacity in the City's sanitary sewer system to serve the
needs created by the Development including all of Phase One; and
WHEREAS, certain sanitary facilities need to be constructed or expanded in order to
meet the demands created by Phase One and the Development; and
WHEREAS, in addirion, the City desires to provide for the oversizing of some of the
sanitary sewer facilities and to par[icipate in the construction of sanitary sewer facilities to meet
the needs of the City which aze above and beyond the needs created by the Development; and
WIIEREAS, the constcuction or expansion of such sewer facilifies and the oversizing of
some of such facilities are described in that ceRain approved Wastewater System Analysis for
Enclave at Lakeview Ranch (the "Wastewater Studv"), dated January 14, 2004, prepared by
Goodwin & Marshall (t6e "Proiect Eneineer"), a true and correct copy of which is attached
hereto as Exhibit "D" and incoTporated herein by reference, and the Developer and the City have
agreed to construct, expand and oversize such facilities in accordance with the requirements set
forth in the Wastewater Study, subject to the terms and conditions of [his Agreement, and
WHEREAS, the City and the Developer have entered into this Agreement to set foRh the
terms and conditions under which the proposed sanitary facilities will be constructed and paid
for; and
Agreement—Page 1 25763
NOW THEREFORE, in consideration of the mutual covenants contained herein,
sufficiency of which is hereby aclmowledged, the patties agree as follows:
1. Descrintion of Sewer Facilities. The sanitary sewer facilities provided for in this
Agreement (the "Sewer Facilities") are described as follows:
a. Proposed lifr station A to be located as shown in the Wastewater Study ("Lifr
Station A"), unless the City notifies Developer (the "Relocarion Nofice") in
writing on or before fourteen (14) days following the Effective Date of this
Agreement (the "Relocation Deadline") that the City has elected to move the
location of Lift Station A to approximately 700 to 1000 feet to the south of where
it is shown in the Wastewater Study (the "New Location"). The City is
responsible for the acquisition of all easements necessary to locate Lift Stafion A
to the New Location; provided, however, the Developer shall pay up to $7,000 to
the City in reimbutsement of the costs paid by the City to the appropriate
landowner for such easement. Such reimbursement shall be paid by the Developer
to the City within thirty (30) days following the date on which the City has
obtained such easement and provided reasonable evidence to the Developer of the
cost paid to the landowner for such easement. If on or before the Relocation
Deadline Developer does not receive the Relocation Notice or the City does not
obtain the necessary easements fot the relocadon of Lift Station A, then Lift
StaHon A shall remain at the existing location shown in the Wastewater Study but
it will be built at sufficient depth to serve the contributing sewer basin. In such
case the City will be responsible for all extra costs associated with constructing
Lift Station A to the extra depth needed to serve the contributing sewer basin.
b. Proposed 8" force main extending from Lift Station A to existing sanitary sewer
line as shown in the Wastewater Study ("Lift Station A Force Main").
c. Proposed lift station C to be located as shown in the Wastewater Study ("Lift
Station C").
d. Exis6ng Lakeview Ranch lift station located as shown in the Wastewater Study
("Lakeview Ranch Lift Station").
e. Proposed 12" gravity line extending from existing sanitary line at the Lakeview
Ranch Lift Station to Lift Station C as shown in the Wastewater Study
("Lakeview Ranch Gravitv Line").
£ Exis6ng Grissom lift station located as shown in the Wastewater Study ("Grissom
Lift Station").
g. Proposed 8" gravity line extending from the Grissom Lift Stafion to Lift Station C
as shown in the Wastewater Study (the "Grissom Gravitv Line").
Agreement— Page 2 25763
h. Proposed 12" force main extending from Lift Station C to a point on an existing
sanitary sewer line located near East McKinney neaz the southwest corner of
Royal Oaks Mobile Home Park as shown in the Wastewater Study (the "Lift
Station C Force Main").
Existing City of Denton wastewater heatment plant as shown in the Wastewater
Study (the "Treahnent P1anY').
j. Proposed gravity line extending from a point where the Lift Station C Force Main
ends near East McKinney to the Treatment Plant as shown in the Wastewater
Study (the "Treatment Plant Gravitv Line").
2. Develoner's Consiruction Proiect; Comuuta6on of Ciri's Share. The Developer is
responsible for the design, conshvction, and easements (on land owned by Developer), if
necessary, for Lift Station A, the Lift Station A Force Main, Lifr Sta6on C, the Lakeview Ranch
Gravity Line, and the Lift Station C Force Main (the "Develooer's Consvucfion ProiecP'). On or
before fourteen Q4) days following the Effective Date of this Agreement, the City may, by
giving written notice to the Developer, require the oversizing of Lift Station A and the Lift
Station A Force Main, the Lakeview Ranch Gravity Line, Lifr Station C and the Lift Station
Force Main (the "Oversize"), which Oversize notice shall also identify the City's specific
requiremenu for the oversize of each of the Sewer Facilities specified herein. If the City makes
such Oversize election it will pay for the Oversize costs ("Citv's Share"). The City's Share for
Lift Station A, Lifr Station A Force Main, and the Lakeview Ranch Gravity Line will be
computed by first determining the size of the facilities required to serve the DevelopmenYs
needs. The City's Share will be the cost of increasing the size of facilities beyond what is
required to serve the needs of the Development. The City's Share will be determined prior to the
award of a construction contract for the Developer's Construction Project. For example, it is
cutrently estimated that the Lakeview Ranch Gtavity Line is required to be 12 inches in diameter
to meet the needs of the Development. If the final field tests and grades confian that 12 inches is
what is needed to meet the needs of the Development the City for example may elect to have the
size increased to 18 inches in diametec When bidding the conshvcfion contract the Developer
will receive bids for a 12 inch and an 18 inch line. The City's Share for that line will be the
difference in cost between the two bids. However, this is subject to the City's audit of the bids to
make sure that the bidding is not unbalanced. For Lifr Station C and Lift Stafion C Force Main,
City will share 30% of the entire cost of such facilities in order to deliver the pumping capacity
up to 1280 gallons per minute (GPM), including, without limitarion, 30 % of the cost of the
SCADA system and 30% of the cost of all roadway access to such facilities. If the City elects to
oversize any components of the Lift Station C beyond the 1280 GPM capacity, City will pay all
costs for this oversize. The City's Share shall be paid to the Developer's contractor in progress
payments within thirty (30) days of the City's receipt of an invoice for same as portions of the
Developer's Construc6on Project are completed, minus 5% retainage, with the retainage and the
balance being paid upon final completion and acceptance by the City of the Developer's
Construction Project ("Final Accentance"), which payment schedule shall be provided in the
Three-Way Agreement hereinafter described. Such invoices shall also describe portions of the
work that have been performed by the contractor on the Developer's Construction Project
through the date of such invoice and shall be reviewed by the City within five (5) business days
Agreement — Page 3 25763
following receipt thereof. If the representatives of the City have any objections to the progress
paytnent being requested in such invoice on the Developer's Construction Project, they shall
communicate such objecfions, in writing, to the Developer within such five (5) business day
period, and the parties shall seek to resolve any questions or issues relative to such invoice
promptly. As to any invoice submitted by the Developer (or its contractor) and for which no
comment has been received from the City within five (5) business days following submission
thereof, such invoice shall be deemed to be approved by the City in all respects. If feasible and if
requested by Developer, items in any invoice to which questions have been raised by the City
shall be segregated from all remaining items in such invoice, and the approved items shall be
submitted for paytnent out of the escrow hereinafter described. All approved invoices shall be
delivered by a representative of the City to the Project Engineer, who is hereby authorized to
submit such approved invoices for payment in accordance with the Escrow Agreement
(hereinafter defined). The City's Shaze shall bear no interest unless the City has not paid City's
Share when due, in which case it shall bear interest from that date until paid at the rate of 6% per
annum. The City has available budgeted funds sufficient to pay all of the City's Share.
3. Citv's Conshuction Proiect. The City is responsible for the design, construction, and
easements, if necessary, for the Grissom Gravity Line, Treatment Plant Gravity Line, and for the
elimination and demolition of the Lakeview Lifr Station and the Grissom Lift Station (the "Citv's
Construction Proiect"). Easements for the Grissom Gravity Line shall have sufficient width to
include the Lift Station C Force Maia The demolifion of the Grissom Lift Station and the
construction of the Grissom Gravity Line do not impact the Developer's Construction Project or
conveyance of wastewater from the Development. 1'herefore, the City will determine the timing
of construction of these two facilities. However, the City shall obtain the necessary easemenu for
the Grissom Gravity Line within one hundred twenty (120) days following the Effective Date,
regardless of the timing of the conshuction of such facilities. 1'he City has available budgeted
funds sufficient to pay for all of the City's Construction Project.
4. Desien of Public Imnrovements; Annroval of Plans and Soecifica6ons. All public
improvements associated with the Developer's Construcfion Project and the City's Construction
Project (the "Public Imnrovements") shall be designed and constructed in accordance with the
City's standard specifications for public works construcfion, which are incorporated herein by
reference. The City aclmowledges that the Developer cannot request the Project Engineer to
complete the design of such facilities until such time as the City has pmvided final specific
approvals for all such facilities that are subject to any City oversizing or other specific City input
or requirements. Prior to awarding the construction contract for the Developer's Construction
Project the Developer shall submit to the City a complete set of conshvction plans and
specifications for the Developer's Construcrion Project for review and approval by the City. The
construcfion contract will not be awarded until the City has given iu written appmvaL The City
will not unreasonably withhold or delay its consent or approvals to the plans and specifications
or the construcfion contract. Conskvction for the Developer's ConstrucHon Project shall not
commence until the Developer and its conhactor enter into the City's standard three-way public
works contract between the City and the Developer, and its contractor (the "Three-Wav
AereemenP') and a performance bond, payment bond and required insurance certificates are
delivered to the City in the substance and focm required by the City.
Agreement — Page 4 25763
5. Escrow Aereement. To ensure comple6on of the Developer's Consuuction Project, prior
to commencing construction, the Developer shall deposit the full amount of the conshuction
contract (other than the City's Share) in escrow with Commonwealth Land Title Company, 5949
Sherry Lane, Suite 111, Dallas, Texas 75225, Attention: Mc Jim Lazar (the "Escrow Aeent"),
which escrow shall thereafter be disbursed in accordance with an agreement (the "Escrow
AereemenY'), which shall be in a form approved by the City Attomey, or his designee. The
Escrow Agreement shall include the following provisions:
(i) A schedule for the consuuction of Developer's Construction Project, which shall
be in substantial accordance with the schedule provided on Exhibit "E" attached hereto.
(ii) If Developer breaches the Escrow Agreement and fails to cure the breach within
fifteen (15) days after written notice of such bteach, then the City shall have the right to use the
remaining funds in escrow to complete construction of Developer's Construction Project.
(iii) The Project Engineer shall provide invoices to the Escrow Agent which have been
approved (or deemed approved) by the City relative to the portions of the Developer's
Construction Project which have been completed, and the Escrow Agent shall be authorized to
pay each such invoice immediately out of the funds on deposit in such escrow.
(iv) Developer shall pay all costs for the Developer's Construction Project specified
herein notwithstanding that the escrow may be depleted prior to the completion of such project.
Additionally, if the City cures a breach of the Escrow Agreement and if there are not sufficient
funds in escrow to complete the construction of Developer's Conshvction Project, then
Developer shall pay to the City, within ten (10) days after receipt of demand for payment, the
difference between the wst to complete conshvction of Developer's Conshvction Project and the
remaining funds in escrow.
(v) When the Developer's Construction Project is completed and Final Acceptance
has been issued by the City, if there are sfill funds in such escrow, the Escrow Agreement shall
provide that all such funds shall be immediately released to the Developer and the Escrow
Agreement shall terminate.
6. Dili�ent Pursuit of Construction of Sewer Facilities. Subject in all events to the timely
petfortnance by the City in obtaining necessary easements and providing required input for
oversizing requirements, the Developer will diligently pursue the design and construction of the
Developer's Consiruction Project and the City will diligently pursue the design and construction
of the City's Construction Project. However, the City is under no obligation to commence
consduction of the City's Construcdon Project until Developet commences conshvction of the
Developer's Construcfion Pmject. If the City's Construction Project is not complete on or before
the later to occur o£ (a) May 1, 2005, or (b) the date on which Final Acceptance of the
Developer's Construction Project has been issued by the City (with the later of such dates being
referred to as the "Citv Deadline"), then the City witl be responsible For providing to Phase One,
at Ciry's cost, from and after the City Deadline until the Ciry's Construction Project has been
completed, a temporary alternative to the disposal of the wastewater generated by Phase One
sufficient to remove the 125 home resfiction contained in Secrion 7 of this Agreement. Such
Agreement — Page 5 2576.3
alternative may include the hauling of wastewater from Phase One by the City. In such case, the
City shatl not withhold any pertnits or approvals related to the development of Phase One or the
construcfion of homes thereon, including, without limitation, the processing of final plats,
building pertnits and final inspecfion approvals, based on the insufficient sewer facilities,
improvements or capacity.
7. RestricNve Covenants. It has been determined that the City's existing sanitary sewer
system has insufficient capacity to serve all of the needs for the development of the Phase
One Property. It is agreed that not mare than 125 single family residences ("Maximum
Residences") shall receive final inspection approval from the City Building Official
allowing occupancy oi the residences for the Phase One Property unless and until the
Developer's Construction Project has been completed and Tinally accepted by the City (the
"Comoletion of Developer's Imorovements"). Such final inspection approval will be made
on a first come first serve basis. Eacept as provided in Section 6 above, the City shall have
the right to withhold final inspection approval for residences above the Maximum
Residences until the Completion of Developer's Improvements. The Developer, as the sole
owner of the Phase One Property, hereby declares that all of the Phase One Property shall
be held, sold and conveyed subject to the covenants contained in this Section 7(no other
terms in this Agreement shall be binding upon a subsequent owner) w6ich are covenants
touching and running with the P6ase One Property and shall be binding on all parties
having any right, title or interest in t6e Phase One Property or any part thereof, either now
or in the future, and their successors, heirs and assigns, and shall inure to the benefit of the
Developer, the City and their successors and assigns. The City and Developer have
simultaneously entered into a Memorandum of Agreement and Restrictive Covenants (the
"ResMctive Covenants") in substantially the same form as the Restrichve Covenants
attached hereto and made a part hereof by reference as Exhibit "F". The Restrictive
Covenants shall be rewrded in the Real Property Rewrds of Denton CounTy, Texas. Upon
completion and acceptance of the Developer's Canstruction Project the City shall file in the
Real Property Records of Denton County a release releasing the Restrictive Covenants, and
it shall not be necessary that the Developer, or its successors or assigns, join in any such
release for same to release the Restrictive Covenants. NOTWITHSTANDING ANY
PROVISION HEREIN, THE FIRST 125 SINGLE FAMILY RESIDENCES IN THE
PHASE ONE PROPERTY WHICH RECEIVE FINAL INSPECTION APPROVALS
FROM THE CITY ARE NOT SUBJECT TO THE FOREGOING RESTRICTIVE
COVENANTS.
8. Potential Comnetitive Biddine Reauirement. It is understood and agreed that
notwithstanding anything contained herein to the contrary the City's Share of the Developer's
Construction Project shall not exceed 30°/a of the total cost to consuuct the Public Improvements.
In the event this should not occur, then a sufficient portion of the construction of the Public
Improvements will be competitively bid in order to bring the City's Share within this 30%
requiretnent.
9. Notices. Any notice, demand or other communication required or pertnitted to be
delivered hereunder (other than invoices to be delivered as hereinafter described) shall be
deemed received when sent by United States mail, postage pre-paid, certified mail, retum receipt
Agreement — Page 6 25763
requested, addressed to each respective party, or sent via facsimile to the fa�c number set forth for
each paRy, as follows:
If to the Citv:
The City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
Attention: Mr. Howard Martin,
Assistant City Manager
Fa�c No.: (940) 349-8596
If to the Developer.
Canyon Energy Partners, Ltd.
c/o Wagner & Btown, Ltd.
300 North Marienfeld, Suite 1100
Midland, Texas 79701
Attention: Gary D. Douglas, Esq.
Fa�c No.: (432) 686-6469
With a coov to:
Edwin Snyder, Esq.
Assistant City Attomey
City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
Fax No.: (940) 382-7923
With couies to:
Robert M. Allen, Esq.
Clements, Allen,
Woods & Margolis, P.C.
15303 Dallas Parkway, Suite 1050
Addison, Texas 75001
Fax No.:(972)991-2601
RobeR P. Wright, Esq.
Baker Botts, LLP
910 Louisiana Street
Houston, Texas 77002
Fax No.: (713) 229-7737
Mr. Jim Tchoukaleff
Arcadia Realty Coip.
5440 Harvest Hill, Suite 206
Dallas, Texas 75230
Fa�c No.: (972) 774-9111
Mr. Ted H. Jones
WB Realty Pariners, Inc.
300 North Marienfeld, Suite 150
Midland, Texas 79701
Fa�c No.: (432) 686-1501
All invoices or norices or other communicarions applicable to the invoices specified in
Secfion 2 hereof shall be delivered to the City and the Developer at the address set foRh for each
party as follows:
If to the Citv:
Mr. Cneg Blackstone
Agreement — Page 7 25763
City of Denton Inspechon Group
601 E. Hickory Street, Suite B
Denton, Texas 76205
Fax No.: (940) 249-89] 0
If to the Develouer:
(Prior to May 15, 2004)
Mr. Matt Goodwin
Goodwin & Marshall
6001 Bridge Street, Suite 100
Fort Worth, Texas 76112
Fax No.: (817) 446-3116
(After May 15, 2004)
Mr. Matt Goodwin
Goodwin & Marshall
2405 Mustang Drive
Grapevine, Texas 76051
Fax No.: (817) 329-4453
With conies to:
Mr. Jim Tchoukaleff
Arcadia Realty Corp.
5440 Harves[ Hill, Suite 206
Dallas, Texas 75230
Fax No.: (972) 774-911 I
Mr. Ted H. Jones
WB Realty Partners, Inc.
300 North Marienfeld, Suite I50
Midland, Texas 79701
Fa�c No.: (432) 686-1501
Any of the parties hereto may change their respecNve notice addresses for all
communications and invoices by a notice delivered in accordance with the tenns and conditions
of this Section 9.
]0. Anulicable Law; Venue. This Agreement shall be constnted under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are fully
perfom�able in Denton County, Texas. Exclusive venue for any lawsuit enforcing or interpreting
any of the rights and obligations under this agreement shall be a court of competent jurisdiction
in Denton County, Texas.
11. Bindine Effect. This Agreement shall be binding upon and inure to the benefit of the
parties and their respective heirs, executots, adminish�ators, legal representatives, successors and
assigns where pennitted by this Agreement.
12. Force Maieure. Neither party shall be in default or otherwise liable for any delay in or
failure of perfovnance under this Agreement if such delay or failure arises by any reason beyond
its reasonable control, including any act of God, any acts of the common enemy or terrorism, the
elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or
communicarions, or any act or failure to act by another party or such other party's employees, or
agents. However, lack of funds shall not be deemed to be a reason beyond a party's reasonable
control. The parties will promptly inform and consult with each other as to any of the above
causes, which in their judgment may or could be the cause of a delay in the perfotmance of this
Agreement.
Agreement — Page 8 25763
13. Rule of Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
14. Sole Aereement. This Agreement constitutes the sole and only agreement of the parties
and supe�sedes any prior understandings or written or oral agreements between the parties
respecting the within subject matter.
15. Time of the Essence. Time is of the essence in this Agreement.
16. Number and Gender. Wotds of any gender used in this Agreement shall be held and
construed to include any other gender, and words in the singular number shall be held to include
the plural, and vice versa, unless the context requires otherwise.
17. [ncorooration of Recitals. The recitals in the preamble of this Agreement are substandve
and are incorporated into the body of this Agreement by reference.
EFFECTIVE as of the � day of � I��004 (the `Bffective Date").
THE CITY OF ON, TEXA
By:
Michael A. C nduff; City M age
215 E. McKinney
Denton, Texas 76201
Fa�c No. (940) 349-8596
ATTEST:
NNIFER WALTERS, ITY SECRETARY
By:
APP VED AS O LEGAL FO
HERBERT`I�TY, CITY ORNEY
By:
Agreement — Page 9 25763
CANYON
By:�
Name: Gaz
Address:
LTD.
President
3aQ N. Marienfeld, Suite
Midland, Texas 79701
Fax No. (432) 686-6469
AKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF DENTON
This instrument is aclmowledged before me, on this ����1i day of
, 2004, by Michael A. Conduff, City Manager of the City of Denton, a
munici 1 cq poration, on behalf of said municipal corporation.
��n;,�., �y/;� JANE E. RICHARDSON • �,p,�-� �
9?'�� �'i Notary Pu61ic, State of Texas ,� i �Z,qi// �C./
��,E My Commission Expires . �
''y',:o„�'�' June 27, 2005 � otary Public in and for
State of Texas
STATE OF TEXAS
[K�li1��Y�•(i �Ta751171I:��1�
Thjs instrument was aclmowledged before me on this � day of
f��'� ( , 2004 by Gary D. Douglas, the Vice President of Canyon Energy
Partr�ers, Ltd, a Texas Limited Partr�ership, on behalf of said limited partnership.
,�,.M`°w�, GRACIE MATA
e.n NOTARY PUBLIC
. STATE OF TEXAS
�"� o. �°'� My Comm. Exp. 09-27-2005
���l.e rYll��"�
Notary Public in and for
State of Texas
Agreement—Page 10 25763
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SECITONS A, B, C, D& E
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IAGt'fm IN
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EXHIBIT B
Tract A
81.830 Acres
BEING all that certain lot, hact or parcel of land situated in the Moreau Fonest Survey
Abstract Number 417 in the City of Denton, Denton County, Texas, being a part of that
certain "I'ract VII" of land conveyed by deed from Dieter Schwartz to Lakeview Ranch,
L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton
County, Texas, and being more particulazly described as follows:
BEGINNING at an iron rod found for corner in the south line of that certain tract of land
conveyed by deed from First Madison Bank, FSB to Ralph Bullard recorded under
Clerk's File Number 93-R0020394, Real Property Records, Denton County, Texas, said
point being the northeast comer of Lot 1, Block 13 of Lakeview Ranch, Phase 1, an
addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet P, Page 363, Plat Records, Denton County, Texas;
T`HENCE S 87° 39' S3" E, 374.24 feet with said south line of said Bullazd tract to an iron
rod set far corner;
THENCE S 87° 52' 35" E, 1388.89 feet with said south line of said Bullazd tract to an
iron rod set for corner in Trinity Road, a public roadway;
THENCE S 02° 43' 11" W, 2322.47 feet with said Trinity Road to an iron rod set for
corner, said point being the northeast comer of that certain tract of land conveyed by deed
from Shady Shores Limited Partnership to Irene McNett recorded in Voluxne 2936, Page
296, Real Property Records, Denton County, Texas;
THENCE N 86° 53' 41" W, 1394.52 feet with the north line of said McNett h�act to an
iron rod found for comer, said point being the northwest comer of said McNett tract;
Tf�NCE N 53° 42' 47" W, 134.40 feet to an iron rod set for corner in the southeast line
of Lot 6 in said Block 9 of said Lakeview Ranch;
THENCE N 40° 29' 30" E, 222.22 feet with said southeast line of said Lot 6 to an iron
rod set for corner, said point being the southeast comer of Lot 5 in Block 9;
THENCE N 25° 51' 36" W, 164.43 feet with the east line of said L,ot 5 to an iron rod set .
for comer;
THENCE N 59° Ol' 33" W, 40.87 feet with the east line of said Lot 5 to an iron rod set
for comer;
THENCE N 11° 41' 14" E, 13.74 feet with the east line of said Lot 5 to an iron rod set
for comer;
THENCE N 70° 06' 22" E, 54.81 feet with the east line of said Lot 5 to an iron rod set
for corner;
THENCE N 57° 31' 14" E, 88.39 feet with the east line of said Lot 5 and Lot 4 in said
Block 9 to an iron rod set for comer;
THENCE N 02° 08' 18" W, 88.68 feet with the east line of said I.ot 4 to an iron rod set
for comer;
THENCE N 34° 46' 25" W, 133.12 feet with the east line of said I,ot 4 to an iron rod set
for corner, said point being the southeast corner of Lot 3 in said Block 9;
Tf�NCE N 09° 48' S3" E, 21332 feet with the east line of said Lot 3 to an iron rod set
for comer;
THENCE N 03° 07' 11" E, 349.74 feet with the east line of said Lot 3 and Lot 2 in said
Block 9 to an iron rod set for comer;
THENCE N 20° 19' 09" E, 116.20 feet with the east line of said Lot 2 to an iron rod set
for corner, said point being the northeast corner of said I,ot 2;
THENCE N 89° 35' 31" W, 280.68 feet with the north line of said Lot 2 to an iron rod
found for corner, said point being the southeast corner of Lot 1 in said Block 9;
THENCE N 00° 24' 46" E, 304.54 feet wittt the east line of said Lot 1 to an iron rod set
for corner in the south line of Appaloosa Drive, a public roadway having a right-of-way
of 60.0 feet;
THENCE N OS° OS' 40" W, 60.00 feet to an iron rod set for comer in the north line of
said Appaloosa Drive;
THENCE along the arc of a curve to the left having a central angle of 04° 58' S8", a
radius of 630.00 feet, an arc length of 54.79 feet, whose chord bears S 82° 24' S1" W,
54.77 feet with said north line of said Appaloosa Drive to an iron rod set for comer, said
point being the southeast corner of Lot 2 in said Block 13 of said Lakeview Ranch;
THENCE N 00° 25' 08" E, 588.52 feet with the east line of said Lot 2 and Lot 1, Block
13 to the PLACE OF BEGINNING and containing 81.830 acres of land.
EXHIBIT C
Traot B
84.475 Acres
BEING all that certain lot, tract or pazcel of land situated in the Moreau Forrest Survey Abstract
Number 417 in the City of Denton, Denton County, Texas being a part of certain "Tract I" and
"Tract VIIP' of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded
under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and
being more particularly described as followed;
BEGINNING at an iron rod found for corner in the south line of Blagg road, a public roadway
hauing a right-of-way of 60.0 feet, said point being the northeast comer of that certain tract of
land conveyed by deed from Richazd Stanley Musgrave and Michael Keith Musgrave, Trustees,
to Brian Page recorded in Volume 4636, Page 1461, Real Properiy Records, Denton County,
Texas;
THENCE S 87° 22' OS" E, 523.24 feet with said south line of said Blagg Road to an iron rod
found for corner, said point being the southwest corner of Lot 9, Block 12 of Lakeview Ranch,
Phase l, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet P, Page 363, Plat Records, Denton county, Texas;
THENCE S 87° 11' S7" E, 166.79 feet with said south line of said Blagg Road to an iron rod
found for corner, said point being the northwest corner of Lot 1, Block 11 of Lakeview Ranch;
THENCE S 02° 14' 33" W, 88031 feet with the west line of said Block 11 to an iron rod found
for comer, said point of being the southwest comer of Lot 4 in said Block 11;
THENCE S 87° 46' 36" E, 39.95 feet with the south line of said I.ot 4 to an iron rod found for
comer, said point being the northwest corner of Lot 5 in said Block 11;
THENCE S 02° 15' 06" W, 1913.16 feet with the west line of said Block 11 to an iron rod found
for comer in the south line of Draught Horse Drive a public roadway having a right-of-way of
60.0 feet;
THENCE S 88 ° 07' 12" E, 40.18 feet with said south line of said Draught Horse Drive to an iron
rod found for comer, said point being the northwest corner of Lot 19, in said Block 11 of said
Lakeview Ranch;
THENCE S 02° 11' 09" W, 842.80 feet with the west line of said Block 11 to an iron rod set for
corner, said point being the southwest comer of Lot 21 in said Block 11;
THENCE S 87° 18' 48" E, 287.02 feet with the south line of said I.ot 21 to an iron rod set for
corner;
THENCE S 20° 21' 10" W, 52.88 feet with said west line of said Block 11 to an iron rod set for
corner;
THENCE S 12° 44' 38" E, 194.93 feet with said west line of said Block 11 to an uon rod set for
comer;
THENCE S 15° OS' 29" W, 82.58 feet with said west line of said Block 11 to an iron rod set for
corner;
THENCE S 32° 19' 00" E, 68.94 feet with said west line of said Block 11 to an iron rod set for
comer;
THENCE S 77 ° 34' 46" E, 191.50 feet with the south line of said Block 11 to an iron rod set for
corner;
THENCE N 54° 39' 49" E, 497.70 feet with the south line of said Block 11 to an iron rod set for
comer in the west line of Lakeview Boulevazd, a public roadway having a right-of-way of 80.0
feet;
THENCE N 82° 35' 45" E, 80.00 feet to an iron rod set for corner in the east line of said
Lakeview Boulevazd;
Tf�NCE along the azc of a curve to the right having a central angle of OS ° 13' 36", a radius of
540.00 feet, an azc length of 49.26 feet, whose chord bears S 04° 55' 11" E, 49.24 feet with said
east line of said Lakeview Boulevazd to an iron rod set for comer in the west line of that certain
tract of land conveyed by deed from Kevin P. Shuma to Darrell D. Haskins and Deborah L.
Haskins recorded under Clerk's File Number 97-R0001578, Real Property Records, Denton
County, Texas;
THENCE S 00° 09' 06" E, 124.09 feet with said west line of said Haskins tract to an iron rod
found for comer, said point being the northwest comer of that certain tract of land conveyed by
deed from Mary Elizabeth Mitrikov to C. Wayne Jetton and wife, Lois L. Jetton recorded under
Clerk's file Number 95-R0042324, Real Property Records, Denton County, Texas;
THENCE S 02 ° 19' 43" W, 12830 feet with the west line of said Jetton tract to an iron rod found
for comer, said point being the northwest comer of that certain tract of land conveyed by deed
from Mary Louise Bird et al to Leon Kimes recorded in Volume 1347, Page 392, Real Property
Records, Denton County, Texas;
THENCE S 02° 19' 43" W, 280.16 feet with the west line of said Kimes tract to an iron rod set
for comer in the north line of Lot 67, Block 9 of said Lakeview Ranch;
THENCE S 87° 09' OS" W, 76.44 feet to an iron rod set for comer in the proposed west line of
said Lakeview Boulevazd;
THENCE S 29° 57' 13" W, 333.44 feet with said west line of said Lakeview Boulevard to an
iron rod set for corner;
THENCE along the azc of a curve to the left having a central angle of 24° 48' 06", a radius of
480.00 feet, an azc length of 207.78 feet, whose chord beazs S 17° 33' 09" W, 206.16 feet with
said west line of said Lakeview Boulevazd to an iron rod set for comer in Mills Road, a public
roadway;
THENCE N 87° 26' 15" W, 816.75 feet with said Mills Road to an iron rod found for comer,
said point.being the southeast comer of that certain tract of land conveyed by deed from B. B.
Mills and Ruth P. Mills to Patricia Mills Chandler et al recorded in Volume 1743, Page 552, Real
Property Records, Denton County, Texas:
THENCE N Ol ° 26' 22" E, 116219 feet with the east line of said Chandler tract and with the
east line of that certain "Tract II" conveyed by deed from Bobby E. Mullins to Brad Archer
recorded in Volume 4013, Page 1339, Real property Records, Denton County, Texas to an iron
rod found for corner, said point being the northeast corner of said Archer "Tract II";
THENCE N 87° 19' 25" W, 681.62 feet with the north line of said Archer "Tract II" to an iron
rod set for comer in the east line of that certain tract of land conveyed by deed from Bobby E.
Mullins and wife, Minnie L. Mullins to The Bobby E. Mullins and Minuie L. Mullins Revocable
Living Tntst recorded in Volume 4732, Page 1974, Real Property Records, Denton County,
Texas;
TF�NCE N 02° 29' 20" E, 3638.93 feet with the east line of said Mullins Revocable Trust tract
and with the east line of that certain tract of land conveyed by deed from Bobby E. Mullins to
Brad Archer recorded under Clerk's File Number 96-R0015562 Real Property Records, Denton
County, Texas and with the east line of that certain tract of land conveyed by deed from H.D.
Prewitt and wife, Lavonia Jo Prewitt to Doug Prewitt and wife, Anna Kay Prewitt recorded in
Volume 1965, Page 834, Real Property Records, Denton County, Texas and with the east line of
said Page tract to the PLACE OF BEGINNING and containing 84.475 acres of land.
.
EXHIBIT D
WASTEWATER SYSTEM ANALYSIS
for
ENCLAVE at LAKEVIEW RANCIi
located in
CITY OF DENTON, DENTON COUNTY
(1/14/04)
I. Introduction
The Enclave at Lakeview Ranch is a residential community located within the City of
Denton, approximately 4'/s miles east of Denton's downtown district. The multi-tract
property stretches from East University Drive (US 380/IJS 377) south to East McI4inney
Street (FM 426) and is comprised of approximately 437 acres: There are currently four
zoning categories, NR-4, NR-6, NRMU-12 and NRMU, which unpact the property, The
proposed development of the Enclave at Lakeview Ranch encompasses five Sections, A
through E. A projected 1,325 single-family homes will be constructed at project build-
out. In the midst of three of the tracts that constitute the Enelave, there is a platted 155
single-Family residential subdivision calied Lakeview Ranch, Phase 1. Withiv this
community, there is an existing lift station, Lakeview Ranch Lift Station (LRLS),-and
two gravity trunk lines, Existing S.S. Line 1 and Existing S.S. Line 2, that will be utilized
by the proposed project. An analysis has been performed on the aforementioned lift
station and sewer lines, as well as another existing lift station, Grissom Lift Station (GLS)
to detemune whether these facilities will require upsizing to accommodate the proposed
development. In addirion, an analysis of two possible solutions to alleviate and expand
the current wastewater collection system to serve the pmposed Enclave at Lakeview
Ranch has been completed. An engineer's opinion of probable cost will accompany each
possible solurion. A preliminary analysis of the entire basin, based on current zoning of
the property, has also been completed in order to evaluate and resize the existing 10" and
12" gravity huck line n,nning southwest from the intersection of East McKinney Road
WastewaterAnalysis for Enclave at Lakeview Ranch
Page 1 of IO
and Grissom Road to a City of Denton treatment plant. The sizing of a larger lift station
and force main(s) required to transport the wastewater for the entire basin also
incorporates the zoning based analysis. The purpose for mentioning and sizing the
overall lift station and subsequent force main(s) in this study is due to the location of the
basin's low point within the proposed Enclave at Lakeview Ranch. There will be two
possible solutions for the lift station presented, each .accompanied by an engineer's
opinion of probable cost, to accommodate the overall basin's projected wastewater flows.
II. Wastewater Generation Projections
The design criteria used to project the wastewater flows has been taken from the City of
Denton's Water and Wastewater Criteria Manual. An average of 3.2 persons per single-
family dwelling and a wastewater flow of 100 gallons/person/day have been used to sum
the average flow generated by the proposed development. An average of 3.0 persons per
mobile home dwelling and a wastewater flow of 75 gallons/person/day have been used to
sum the average flows currently being generated by both Vacation Village and Royal
Oaks Mobile Home Park. Additional design methods, previously approved by City staff,
have also been incorporated. One such method is the use of Harmon's peaking factor
formula ( PF = 1+[14/(4+�p)] , p= papulation in thousands). Hannon's formula has
been applied to calculate the pmjected peak flow in cases where the cumulative
population is greater than 1,000. Othenvise, a peaking factor of 4.0 has been applied, as
directed by City of Denton staff. Inflow and infiltrarion, at a rate of 100 gallons/inch
diameter of pipe/mile of pipe/day, has also been included in the wastewater projections.
The capacities of all proposed grauity lines have been computed using the minimum
allowable slope, per the City of Denton Criteria Manual, for its respective diameter.
These capacities, as well as the capacities of other referenced slopes, aze listed in Table I.
III. Existing Wastewater Collection System
Wastewater Analysis for Enclave at Lakeview Ranch
Page 2 of IO
The existing wastewater collection system, as found displayed on Exhibit 1 and Exhibit
2, consists of the following major components:
a. LRLS — The LRLS currently has a capacity of 340 gpm *
b. GIS — The GLS currently has a capacity of 200 gpm *.
c. Existing S.S. Line 1— This existing line is an 8" gravity line that up-sizes to a 10"
gravity line in route to the LRLS.
d. Existing S.S. Line 2— This existing line is an 8" gravity line.
e. Existing S.S. Line 3— This existing line is a 10" gravity line that up-sizes to a 12"
gravity line in route to the treahnent plant.
' As provided by City Staff:
The full flow capacities of the gravity lines aze listed in Table I. The capaciries are
dictated by the slope of the respective lines and calculated by using Manning's Equation,
as stated in Section 4.4 of the Criteria Manual.
IV. Existing Wastewater Collection System Analysis
Lakeview Ranch Lift Station:
The current configuration of the LRLS allows for a maximum pumping capacity of 340
gpm. After build-out of the previously platted Lakeview Ranch, Phase 1, the remaining
pumping capacity in the LRLS will be approximately 220 gpm. This is based upon 135
single-family residential lots contributing to both Existing S.S. Line I and Existing S.S.
Line 2 at the specified flow rate of 100 gaUperson/day and a peaking factor of 4. The
reason for not including a11 155 platted lots in the flow calculations is due to the lack of a
sewer line servicing I.ots 1-9, Block 12, Lots 1-6, Block 9, Lots 1-3, Block 10 and Lots 1
& 2, Block 13, as shown on the "as-builY' construction plans for Lakeview Ranch, Phase
1. The remauring pumping capacity of the LRLS would allow for an addirional 247
single-family residential lots to be developed. This allows for approximately 78% of
Section A to be constructed. In turn, with a projected peak flow of 265 gpm from Section
B(297 single-family residential lots) and the remaining 49 gpm from Secrion A(70
Wastewater Analysis for Enclave at Lakeview Ranch
Page 3 of 10
single-family residential lots) also flow to the LRLS, the lift station will require adequate
upgrade modifications to increase its pumping capacity.
Existine Grissom LiR Station:
According to the informarion provided by City staff, the GLS is currently running at
capacity. Since the current configuration of the wastewater collection system has the
force main from the LRLS dischazging into a gravity line that flows into the GLS, along
with the flow from the Royal Oaks Mobile Home Pazk, any additional flow into the
LRLS would exceed the pumping capacity of the GiS. However, per correspondence
and d'uection by City staff, modificaUons have been made to the GIS to a11ow for an
additional 125 single-family residential lots to be built. After which, additional upgrade
modifications will be required to increase the pumping capacity. At this time, the GIS is
the limiting factor within the existing wastewater collection system.
ExistinQ S.S. Line 1: .
Sections A and B aze located to the north of the existing LRLS and will utilize Existing
S.S. Lines 1 and 2, respectively. As shown in Table II, Section A has 317 single-fanuly
residential lots yielding a peak flow of 269 gpm. That flow will then be pumped via a
small lift station to Existing S.S. Line 1. After adding the applicable 107 lots from
Lakeview Ranch, Phase 1, a total peak flow of 352 gpm is introduced into the line. With
a minimum slope of 0.30% along its 10" diameter portion, Existing S.S. Line 1 attains
approxixnately 65% capacity. Refer to Table II for addirional calculations.
Existine S.S. Line 2:
With the 297 projected single-family lots in Section B and the applicable 28 lots from
Lakeview Ranch, Phase 1, a peak flow of 275 gpm is introduced to Fxisting S.S. Line 2.
This leaves approximately 20% of full capacity available. Refer to Table II for additional
calculations.
Existin2S.S. Line 3:
Wastewater Analysis for Enclave at Lakeview Ranch
Page 4 of 10
Currently, Vacation Village, 593 mobile home lots, Royal Oaks Mobile Home Pazk, 150
mobile home lots, and Lakeview Ranch, Phase 1(approximately 85 developed lots)
produce a total peak flow of approximately 474 gpm. With the inclusion of the additional
125 single-family residential lots that the Grissom Lift Station can currently accept,
Existing S.S. Line 3 will experience a peak flow of approximately 562 gpm. Due to the
current minimum slope of 0.46% along the 10" portion of the line, Existing S.S. Line 3
can handle a maximum of 665 gpm, yielding 85% capacity.
V. Proposed Wastewater Collection System for the Enclave at Lakeview Ranch
As previously mentioned, an analysis of two possible solutions to alleviate and expand
the current wastewater collection system to serve the proposed Enclave at Lakeview
Ranch has been performed. However, the scope of the following options incorporates
only the existing wastewater flows and the projected flows created by the Enclave at
Lakeview Ranch. An additional evaluation of the entire basin will be required to
adequately size the entire collection system if fiuther development is to occur. Although
the following two options differ, there aze also similariries. These similarities include the
construction of Proposed LiR Station "A" and its subsequent force main, the
abandonment of the Grissom Lift Station and corresponding force main, and the
construcrion of a gravity line, the Cmssom Gravity Line, to Proposed Lift Station "C" to
serve the Royal Oaks Mobile Home Pazk. Furthermore, the upsizing of Existing S.S. Line
3 is required to completely serve Enclave at Lakeview Ranch, regazdless of the
configuration of the upstream collection system. Please refer to pages 1, 2a and 2b of the
Engineer's Opinion of Probable Cost in Appendix A for a further cost participarion break
down analysis.
Ontion 1:
Option 1 incorporates Proposed Lift Station "C" being sized to accommodate Sections C,
D and E from the proposed development, as well as the flow from the to-be-abandoned
Wastewater Analysis for Enclave at Lakeview Ranch
Page 5 of IO
Grissom Lift Station. This proposed lift starion would be sized for a projected flow of
approximately 654 gpm, 30% of which is from the GLS. The force main to accompany
Proposed Lift Station "C" is required to be 3001ineaz feet. It would then dischazge into a
12" diameter gravity line at an elevation of approximately 542.00 feet. In turn, this
allows the wastewater to flow from Proposed Lift Station "C" to the existing Lakeview
Ranch Lift Station, which has an existing influent flow line at 520.90, according to the
Lakeview Ranch Lift Station "as-builY' construction plans dated 7/28/99. Since the
wastewater from proposed Sections A and B and Lakeview Ranch, Phase 1 also flow to
the LRLS, upsizing modifications would be required to increase its pumping capacity to
1280 gpm. A 12" diameter force main will cover a length of approximately 6,5801ineaz
feet between the LRLS and its termination point at the beginning of Existing S. S.. Line 3
and its proposed updated gravity line, to be discussed in further detail in the subsequent
sections. In turn, the existing 6" diameter force main from the LRLS and the 8" diameter
gravity line leading the GIS would be abandoned. The configuration for this opdon is
depicted in Sanitary Sewer Study Exhibit 1. Piease refer to pages 3a and 3b of the
Engineer's Opurion of Probable Cost in Appendix A for a further cost participation break
down analysis.
Onrion 2:
Option 2 also incorporates the construction of Proposed LiR Station "C", but it would be
sized to accommodate all of the proposed Secrions A through E, and all of the existing
flow from Lakeview Ranch, Phase 1 and Royal Oaks Mobile Home Pazk, for a total of
1280 gpm. In tum, the existing LRLS, the conesponding 8" diameter force main and 8"
diazneter gravity line would be abandoned, as well as the GLS. A proposed 12" diameter
gravity line would connect to the existing manhole adjacent to the LRLS at an elevarion
of 521.17, as stated in the Iakeview Ranch Lift Station "as-builY' construction plans
dated 7/28/99. This line will terminate at the Proposed Lift Station "C" with a flow line
elevarion of 511.00 feet. The wastewater would then be lifted and forced to the
beginning of Existing S. S. Line 3 and its proposed updated gravity line, to be discussed
Wastewater Analysis for Enclave at Lakeview Ranch
Page 6 of 10
in further detail in the subsequent sections, via a 5,740 ,linear foot 12" diameter force
main. The configurarion for this option is depicted in Sanitary Sewer Study Exhibit 2.
Please refer to pages 4a and 4b of the Engineer's Opinion of Probable Cost in Appendix
A for a further cost participation break down analysis.
VI. Preliminary Analysis for the Entire Wastewater Basin
Existinp S.S. Line 3:
Despite the scope of the proposed options for the wastewater collection system for the
Enclave at Lakeview Ranch, the proposed pipe diameters and slopes for the replacement
of Existing S.S. Line 3 have been determined by utilizing a prelnninary evaluation of the -
entire basin. The evaluation has been based upon the current zoning of the land, the
acreage of each zoning category and the City's description, requirements and restricrions
of each category. The acreages of applicable Environmentally Sensitive Areas (ESA),
including, but not limited to, floodplain, riparian buf�'ers and upland habitat, as delineated
by the City of Denton, have been retnoved from their respective zoning category. These
figures have been outlined in Table III. The results of the preliminary basin evaluation
yield a projected peak flow of approximately 5,490 gpm. Using the current horizontal
alignment and a slightly modified vertical alig�ment of Existing S.S. Line 3, it has been
determined that the necessary pipe sizes to adequately convey the projected flow aze a
24" diameter with a minimum slope of 0.50% and a 27" diazneter with a minimum slope
of 030%.
Lift Station for Entire Basin:
Regazdless of which proposed Option is chosen, a lift station capable of pumping the
projected peak flow of 5,490 gpm will be required in the future to allow for any regional
development. As previously stated, the proposed Enclave at Lakeview Ranch, will
produce approximately 17.7% of the overall flow, therefore, a multi-chambered wet well
with multiple force mains would sufficiently accommodate the projected wastewater
flows. Adding the existing flows from the mobile home pazks and Lakeview Ranch,
Wastewater Analysis for Enclave at Lakeview Ranch
Page 7 of IO
Phase 1, the demand will rise to 1280 gpm, or approximately 23.3% of the overall flow.
The purpose for multiple chambers and force mains lies in the design of such. If a single
force main designed For the ultimate flow is used, the velocity wiUrin the force main
during inirial "low-flow" conditions would not meet the City of Denton's minimum
requirements. Lengthy storage times of the effluent within the force main would also be
a consideration if a single force main were to be used. The multiple chambers within the
wet well will allow for phasing of the lift station as development occurs and the
wastewater flows gradually increase. The fust phase chamber and force main will be
designed for the existing flows from Lakeview Ranch, Phase I and Royal Oaks Mobile
Home Pazk and the projected flows from the Enclave at Lakeview Ranch Sections A
through E, along with the remaining lots to be developed in Lakeview Ranch, Phase 1.
Subsequent phases will incorporate an additional chamber(s) and force main(s) to
accommodate projected flows &om the remainder of the basin. As mentioned in the
analysis for the proposed wastewater collection system, a flow of 1,280 gpm will require
a 12" diameter force main. The remaining 4,210 gpm can either be incorporated into one
additional wet well chamber with a single 20" diameter force main, Option A, or one
additional wet weli chamber with two 12" diameter force mains, Option B. The possible
solutions are further classified by combining the previously described lift station location
options, Option 1 and Option 2, with the aforementioned Option A and Option B. This
combines the locarion of the overall basin's lift station with the manner in wluch the lift
station is configured. The results of the Option consolidation aze as follows:
a. Option IA: This options locates the proposed large lift station in the same
position as the existing Lakeview Ranch Lift Starion. This lift station will
incorporate a two chamber wet well with two parallel force mains, one 12"
diameter and one 20" diameter, terminating at a common point.
b. Option IB: This option locates the proposed large lift station in the same position
as the existing Lakeview Ranch Lift Station. This lift station will incorporate a
two chamber wet well with three pazallel 12" diameter force mains terminating at
a common point.
Wastewater Analysis for Enclave at Lakeview Ranch
Page 8 of IO
c. Option 2A: This option locates the lazge lift station in the approximate position
� of the Proposed Lift Station "C". This lift station will incorporate a two chamber
wet well with two pazallel force mains, one 12" diameter and one 20" diameter,
terminating at a common point.
d. Option 2B: This option locates the lazge lift station in the approximate position
of the Proposed Lift Station "C". This lift station will incorporate a two chamber
wet well with three pazallel 12" diameter force mains terminating at a common
point.
Please refer the Wastewater Study Eathibits 1 and 2 for the configuration of each of the
above Options. Also, please refer to pages Sa, Sb, 6a, 6b, 7a, 76, 8a and 8b of the
Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break
down analysis.
VI. Conclusion
In summary, it has been determined that despite which Option is constructed, three items
remain constant. The first being the abandonment of the existing Grissom Lift Station
and the corresponding force main. In tum, an 8" diameter gravity line will be constructed
from the current location of the GLS to the Proposed Lift Station "C". This leads directly
to the second common factor. Proposed Lift Station "C" is required to be built in the
locarion shown in E�ibits 1 and 2. However, the size of Pmposed Lift Starion "C" is not
a common factor. The third constant is the upsizing of ExisKng S.S. Line 3. With the
current flows from the mobile home parks and Lakeview Ranch, Phase 1, and the
additional 125 single-family residential lots from Section A, this line is cturently at 85%
capacity. The remaining portion of the conveyance capacity will allow approximately
125 single-family residential lots to be developed and connected upstream prior to this
line requiring upsizing. Further upstream development will necessitate the construction
of a larger line. The sizing of this line has been based on the current zoning of the tracts
within the entire wastewater basin, as delineated on the Zoning Exhibit.
Wastewater Analysis for Enclave at Lakeview Ranch
Page 9 of IO
The Options presented in the previous sections suggest possible solurions to alleviate and
expand the current wastewater collection system. Option l and Option 2 offer local
solutions for the development of Sections A through E of the Enclave at Lakeview
Ranch. It appeazs as though Option I is the best short-term solution based on the
probable costs accompanying this report. It urilizes the existing Lakeview Ranch List
Station, with some upsizing modifications, and Proposed Lift Station "C" is required only
to have a capacity large enough to accommodate Sections C, D and E and the existing
flows from the Grissom Lift Station. After incorporating the projected wastewater flows
&om the entire basin and upon further analysis, Option 2 is the more economical
solution, regazdless of which force main configuration is selected. This is due in part to
the length of force main required form the location of the existing LRLS to the to its
temunation point at the beginning of the grauity line to the treatment plant. Another
contributor to the increased cost of Option IA and Option IB is the requirement to
conshucted an additional lift station. The two lift station Options would also yield lugh
operational and maintenance costs over time. In conclusion, although Option 1 is the
optimum short-term solurion to serve the proposed Enclave at Lakeview Ranch
development, Option 2A is the most economical, both in construction costs and long term
operarional costs, for the entire basin.
Wastewater Analysis for Enclave at Lakeview Ranch
Page 10 of 10
' ' �, 1
. :
ENGINEER'S OPINION OF PROBABLE COST
Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH
Client: Arcadia
Realty Co.
Job No: 10091 Location: City of Denton, Denton County Page: 1 of 8
ITEM UNTf TOTAL
No. DESCRIPTION LTNIT QUANTITY PRICE COST
Sanitary Sewer Facilities - Grissom Gravity Line
1. 8" SDR-35 P.V.C. L.F. 3,300 $16.00
2.
3.
4.
�
4' Dia. Std. S.S. Manhole
Extra Depth for 4' Dia. SSMH
Trench Safety
System Testing & TV
Abandon & Dispose of
Gissom Lift Station & Force Main
Grissom Gravity Line Subtotal
10% Contingency
Engineering & Surveying
Easement Acquisition
Grissom Gravity Line Total
Ea.
V.F.
Ea.
Ea.
L.S.
6 $2,200.00
15 $110.00
3,300 $1.00
3,300 $2.00
1 $35,000.00
NOTE: ALL OF THE ABOVE SHALL BE PAID FOR WITH FUNDS
PROVIDED BY THE CITY OF DENTON'S "CIP" PROGRAM.
$52,800.00
$13,200.00
$1,650.00
$3,300.00
$6,600.00
$35,000.00
$112,550.00
$11,255.00
$22,510.00
$20,000.00
$166,315.00
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recog�ized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed desig�. In addition the engineer l�as no conirol over the cost of labor material or services to be
fumished by others or over mazket condirions. Accordingly Goodwin & Mazshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein. �
OPIIVION OF PROBABLE COST
Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia
Realty Co.
Job No: 10091 Location: City of Denton, Denton County Page: 2a of 8
ITEM iJNIT TOTAL
No. DESCRIPTION iTN1T QUANTTTY PRICE COST
1.
2.
3.
4.
5.
6.
7.
8.
9.
Sanitary Sewer Facilities - Gravity Line to Wastewater Treatment Plant
24" SDR-35 P.V.C.
27" SDR-35 P.V.C.
5' Dia. Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
Tie-In to Treatment Plant
Aerial Crossing w/ Piers
Trench Safety
System Testing & TV
Bore 24" SS Under McKinney
L.F.
L.F.
Ea.
V.F.
L.S.
L.S.
L.F.
L.F.
L.F.
Gravity Line to Treatment Plant Subtotal
10% Contingency
Engineering & Surveying
Gravity Line to Treatment Plant Total
3,331
1,545
11
50
1
1
4,876
4,876
175
$46.50
$54.50
$3,500.00
$125.00
$5,000.00
$23,000.00
$5.00
$2.00
$330.00
NOTE: ALL OF THE ABOVE SHALL BE PAID FOR WITH FUNDS
PROVIDED BY TFIE CITY OF DENTON'S "CIP" PROGRAM.
$154,891.50
$84,202.50
$38,500.00
$6,250.00
$5,000.00
$23,000.00
$24,380.00
$9,752.00
$57,750.00
$403,726.00
$40,372.60
$80,745.20
$524,843.80
This Engineer's opinion of probable consWction cost is made on the basis of the �Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to cons�uct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addirion the engineer has no control over the cost of labor material or services to be
fumished by others or over market condirions. Accordingly Goodwin & Marshall, Inc. can not guazantee
that actual costs will not vary from the opinions expressed herein.
ENGINEER'S OPINION OF PROBABLE COST
Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia
Realty Co.
Job No: 10091 Location: City of Denton, Denton County Page: 2b of 8
TI'EM UNIT CITY DEVELOPER
No. DESCRIPTION UNTi' QUANT. PRICE COSTS COST
1.
2.
3.
4.
5.
6.
7.
8.
9.
Sanitary Sewer Facilities - Gravity Line to Wastewater Treatment Plant (City Participation)
24" SDR-35 P.V.C.
27" SDR-35 P.V.C.
5' Dia. Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
Tie-In to Treatment Plant
Aerial Crossing w/ Piers
Trench Safety
System Testing & TV
Bore 24" SS Under McKinney
L.F.
L.F.
Ea.
V.F.
L.S.
L.S.
L.F.
L.F.
L.F.
Gravity Line to Treatment Plant Subtotal
10% Contingency
Engineering & Surveying
Gravity Line to Treatment Plant Total
3,331
1,545
11
50
1
1
4,876
4,876
175
$46.50
$54.50
$3,500.00
$125.00
$5,000.00
$23,000.00
$5.00
$2.00
$330.00
$127,475.70
$69,298.66
$31,685.50
$5,143.75
$4,115.00
$18,929.00
$20,064.74
$8,025.90
$47,528.25
$332,266.50
$33,226.65
$66,453.30
$431,946.45
NOTE: ENCLAVE at LAKEVIEW RANCH CONTRIBUTES 17.7% OF
OVERAI.L FLOWS, TI3EREFORE, THE CITY COSTS REFLECT
REMAINING 82.3% OF OVERAI.L COSTS.
$27,415.80
$14,903.84
$6,814.50
$1,106.25
$885.00
$4,071.00
$4,315.26
$1,726.10
$10,221.75
$71,459.50
$7,145.95
$14,291.90
$92,89735
This Engineer's opinion of probable construcrion cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluarion of work to be
performed to construct this project must by necessity be specularive in nature unril completion of its actual
detailed design. In addiHon the engineer has no control over the cost of labor material or services to be
furnished by others or over mazket conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No: 10091
ENGINEER'S OPINION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton
Client: Arcadia
Realty Co.
Page: 3a of 8
TI'EM UNTI' TU"1'AL
No. DESCRIPTION iJNIT QUANTITY PRICE COST
Sanitary Sewer Facilities - Option 1
1. Lift Station for 654 gpm
2. 12" SDR-35 PVC
3. 6" C-900 DR-18 PVC FM
4. 12" C-900 DR-18 PVC F'M
5. 5' Std. S.S. Manhole
6. Extra Depth for 5' Dia. SSMH
7. Trench Safety
8. System Testing & TV
9. Upsize Existing Lakeview Ranch
Lift Station for 1280 gpm
Sanitary Sewer Oprion 1 Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 1 Total
L.S.
L.F.
L.F.
L.F.
Ea.
V.F.
L.F.
L.F.
L.S.
1
4,062
300
6,580
8
32
10,942
10,942
1
$215,000.00
$29.50
$15.50
$25.00
$3,500.00
$125.00
$1.00
$2.00
$160,000.00
$215,000.00
$119,829.00
$4,650.00
$164,500.00
$28,000.00
$4,000.00
$10,942.00
$21,884.00
$160,000.00
$728,805.00
$72,880.50
$145,761.00
$947,446.50
This Engineer's opinion of probable constcuction cost is made on the basis of the Engineer's experience
and bestjudgement as a design professional. It must be recognized that any evaluarion of work to be
performed to conshvct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addirion the engineer haz no control over the cost of labor material or services to be
fumished by others or over market condirions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No:10091
ENGINEER'S OPINION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton County
Client: Arcadia
Realty Co.
Page: 3b of 8
TfEM iJNIT C1TY DEVELOPER
No. DESCRIPTION LJNIT QUANT. PRICE COSTS COST
1.
2.
3.
4.
5.
6.
7.
8.
9.
Sanitary Sewer Facilities - Option 1(City Participation)
Lift Station for 654 gpm
12" SDR-35 PVC
6" C-900 DR-18 PVC FM
12" C-900 DR-18 PVC FM
5' Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
Trench Safety
System Testing & TV
Upsize Existing I.akeview Ranch
Lift Station for 1280 gpm
L.S.
L.F.
L.F.
L.F.
Ea.
V.F.
L.F.
L.F.
L.S.
Sanitary Sewer OpHon 1 Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 1 Total
1
4,062
300
6,580
8
32
10,942
10,942
i
$215,000.00
$29.50
$15.50
$25.00
$3,500.00
$125.00
$1.00
$2.00
$160,000.00
$32,250.00
$17,97435
$697.50
$39,480.00
$4,200.00
$600.00
$2,188.40
$4,376.80
$38,400.00
$140,167.05
$14,016.71
$28,033.41
$182,217.17
$182,750.00
$101,854.65
$3,952.50
$125,020.00
$23,800.00
$3,400.00
$8,753.60
$17,507.20
$121,600.00
$588,637.95
$58,863.80
$117,727.59
$765,229.34
NOTES:
1. Enclave at Lakeview Ranch contributes approxunately 85% of the overall flow to the
Proposed Lift Station "C", therefore, items 1, 2, 3, 5 and 6 have been reduced by 15%
reflecting existing flows from the Grissom Lift Station.
2. Enclave at Lakeview Ranch contributes approximately 76% of the overall flow to the
existing Lakeview Ranch Lift Station, therefore, items 4 and 9 have been reduced by 24%
reflecting existing flows from the Grissom Lift Station and Lakeview Ranch, Phase 1.
3. Items 7 and 8 have been reduced by 20%. This reflects the weighted average of Notes 1& 2.
This Engineer's opinion of probable construcrion cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addirion the engineer has no conirol over the cost of labor material or services to be
fumished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No: 10091 `
ENGINEER'S OPI1vION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton CounTy
Client: Arcadia
Realty Co.
Page: 4a of 8
TI'EM iJNIT TOTAL
No. DESCRIPTION iJDIIT QUANTTTY PRICE COST
Sanitary Sewer Facilities - Option 2
1. Lift Station for 1280 gpm
2. 12" SDR-35 PVC
3. 12" C-900 DR-18 PVC FM
4. 5' Std. S.S. Manhole
5. Extra Depth for 5' Dia. SSMH
6. Trench Safety
7. System Testing & T'V
8. Abandon & Dispose of Existing
Lakeview Ranch Lift Station
& Force Main
Sanitary Sewer Option 2 Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 2 Total
L.S.
L.F.
L.F.
Ea.
V.F.
L.F.
L.F.
L.S.
1
4,480
5,741
9
36
10,221
10,221
1
$385,000.00
$29.50
$25.00
$3,500.00
$125.00
$1.00
$2.00
$60,000.00
$385,000.00
$132,160.00
$143,525.00
$31,500.00
$4,500.00
$10,221.00
$20,442.00
$60,000.00
$787,348.00
$78,734.80
$157,469.60
$1,023,552.40
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nahue until complerion of its actual
detailed desigu. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over mazket condiHons. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs wil] not vary from the opinions expressed herein.
ENGINEER'S OPINION OF PROBABLE COST
Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia
Realty Co.
Job No: 10091 Location: City oFDenton, Denton County Page: 4b of 8
TTEM iJNIT C1TY DEVELOPER
No. DESCRIPTION LJNIT QUANT. PRICE COSTS COST
1.
2.
3.
4.
5.
6.
7.
8.
Sanitary Sewer Facilities - Option 2(City Participation)
Lift Station for 1280 gpm
12" SDR-35 PVC
12" C-900 DR-18 PVC FM
5' Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
Trench Safety
System Testing & T'V
Abandon & Dispose of Existing
Lakeview Ranch Lift Starion
& Force Main
L.S.
L.F.
L.F.
Ea.
V.F.
L.F.
L.F.
L.S.
Sanitary Sewer Option 2 Subtotal
10% Contingeucy
Engineering & Surveying
Sanitary Sewer Option 2 Total
1
4,480
5,741
9
36
10,221
10,221
1
$385,000.00
$29.50
$25.00
$3,500.00
$125.00
$1.00
$2.00
$60,000.00
$92,400.00
$25,110.40
$34,446.00
$5,985.00
$855.00
$2,350.83
$4,701.66
$60,000.00
$292,600.00
$107,049.60
$109,079.00
$25,515.00
$3,645.00
$7,870.17
$15,74034
$0.00
$225,848.89 $561,499.11
$22,584.89 $56,149.91
$45,169.78 $112,299.82
$293,603.56 $729,948.84
NOTES:
1. Enclave at Lakeview Ranch contributes approximately 76% of the overall flow to the
Proposed Lift Station "C", therefore, items 1 and 3 have been reduced by 24% reflecting
existing flows from the Grissom Lift Station and Lakeview Ranch, Phase 1.
2. Enclave at Lakeview Ranch contributes approximately 81 % of the overall flow in the
proposed 12" gravity line flowing to the Proposed Lift Station "C", therefore, items 2, 4 and 5
have been reduced by 19% reflecting existing flows from Lakeview Ranch, Phase 1.
3. Items 6 and 7 have been reduced by 23%. This reflects the weighted average of Notes 1& 2.
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design pmfessional. It must be recognized that any evaluation of work to be
performed to conshvct this project must by necessity be specularive in nature until complerion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
fivnished by others or over market condirions. Accordingly Goodwin 8c Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No: 10091
ENGINEER'S OPINION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton
Client: Arcadia
Realty Co.
Page: Sa of 8
TTEM UNIT TOTAL
No. DESCRIPTION LJN1T QUANTTfY PRICE COST
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Sanitary Sewer Faciliries - Overall Basin Lift Station - Option lA
Lift Station for 5,490 gpm
Lift Starion for 654 gpm
6" C-900 DR-18 PVC FM
12" G900 DR-18 PVC FM
20" C-151 Class 51 D.I. FM
12" SDR-35 PVC
5' Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
FM Fittings, Air Release Valves,
Vacuum Breaker Valves
Trench Safety
System Testing & TV
L.S.
L.S.
L.F.
L.F.
L.F.
L.F.
Ea.
V.F.
L.S.
L.F
L.F
Sanitary Sewer Option lA Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option lA Total
1
1
300
6,580
6,580
4,062
8
32
1
17,522
17,522
$895,000.00
$215,000.00
$15.50
$25.00
$42.00
$29.50
$3,500.00
$125.00
$50,000.00
$895,000.00
$215,000.00
$4,650.00
$164,500.00
$276,360.00
$119,829.00
$28,000.00
$4,000.00
$50,000.00
$1.00 $17,522.00
$2.00 $35,044.00
$1,809,905.00
$180,990.50
$361,981.00
$2,352,876.50
This Engineer's opinion of probable constructaion cost is made on the basis of the Engineer's experience
and bestjudgement as a design professional. It must be recognized that any evaluarion of work to be
performed to construct this project must by necessiTy be specularive in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
fumished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No: 10091
ENGINEER'S OPIIVION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton
Client: Arcadia
Realty Co.
PaQe: Sb of 8
No. DESCRIPTION UNTI' QUANT. PRICE COSTS COST
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Sanitary Sewer Facilities - Overall Basin Lift Starion - Oprion lA (City Participarion)
Lift Starion for 5,490 gpm
Lift Station for 654 gpm
6" C-900 DR-18 PVC FM
12" C-900 DR-18 PVC FM
20" C-151 Class 51 D.I. FM
12" SDR-35 PVC
5' Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
FM Fittings, Air Release
Valves, Vacuum Breaker
Valves
Trench Safety
System Testing & TV
L.S.
L.S.
L.F.
L.F.
L.F.
L.F.
Ea.
V.F.
L.S.
L.F.
L.F.
Sanitary Sewer Option lA Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option lA Total
1
1
300
6,580
6,580
4,062
8
32
1
17,522
17,522
$895,000.00
$215,000.00
$15.50
$25.00
$42.00
$29.50
$3,500.00
$125.00
$50,000.00
$1.00
$2.00
$736,585.00
$64,500.00
$1,395.00
$135,383.50
$227,444.28
$35,948.70
$8,400.00
$1,200.00
$41,150.00
$12,090.18
$24,180.36
$158,415.00
$150,500.00
$3,255.00
$29,116.50
$48,915.72
$83,880.30
$19,600.00
$2,800.00
$8,850.00
$5,431.82
$10,863.64
$1,288,277.02 $521,627.98
$128,827.70
$257,655.40
$1,674,760.13
$52,162.80
$104,325.60
$678,116.37
NOTES:
1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 4, 5
and 9 have been reduced by 82.3% reflecting existing flows and project flows within the basin,
2. Enclave at Lakeview Ranch contributes 70% of the overall flow to the Proposed Lift
Starion "C", therefore, items 2, 3, 6, 7 and 8 have been reduced by 30% reflecting existing
flows from the Grissom Lift Station.
3. Items 10 and 11 have been reduced by 69% to reflect the weighted auerage of Notes 1& 2.
1'his Engineer's opinion of probable conshuction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addirion the engineer has no control over the cost of labor material or services to be
fumished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
ENGINEER'S OPI1vION OF PROBABLE COST
Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia
Realty Co.
Job No: 10091 Location: City of Denton, Denton County Page: 6a of 8
TTEM iJNIT TOTAL
No. DESCRIPTION iJNIT QUANTITY PRICE COST
1.
2.
3.
4.
5.
6.
7.
��
Sanitary Sewer Facilities - Overall Basin Lift Starion - Option 2A
Lift Station for 5,490 gpm
12" SDR-35 PVC
12" C-900 DR-18 PVC FM
20" C-151 Class 51 D.I. FM
5' Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
FM Fittings, Air Release Valves,
Vacuum Breaker Valves
Trench Safety
System Testing & TV
Abandon & Dispose of Existing
Lakeview Ranch Lift Station
& Force Main
L.S.
L.F.
L.F.
L.F.
Ea.
V.F.
L.S.
L.F.
L.F.
L.S.
Sanitary Sewer Option 2A Subtotal
10% Contingency
Engiueering & Surveying
Sanitary Sewer Option 2A Total
1
4,480
5,741
5,741
9
36
1
15,962
15,962
1
$895,000.00
$29.50
$25.00
$42.00
$3,500.00
$125.00
$50,000.00
$1.00
$2.00
$60,000.00
$895,000.00
$132,160.00
$143,525.00
$241,122.00
$31,500.00
$4,500.00
$50,000.00
$15,962.00
$31,924.00
$60,000.00
$1,605,693.00
$160,569.30
$321,138.60
$2,087,400.90
This Engineer's opinion of probable construcrion cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be specularive in nature un61 completion of its actual
detailed design. In addirion the engineer has no control over the cost of labor material or services to be
fumished by others or over market condirions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
ENGINEER'S OPINION OF PROBABLE COST
Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia
Realty Co.
Job No: 10091 Location: City of Denton, Denton County Page: 6b of 8
TI'EM UDTIT CITY DEVELOPER
No. DESCRIPTION UN1T QUANT. PRICE COSTS COST
1.
2.
3.
4.
5.
6.
7.
�
Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2A (City Parricipation)
Lift Station for 5,490 gpm L.S.
12" SDR-35 PVC L.F.
12" C-900 DR-18 PVC FM L.F.
20" C-151 Class 51 D.I. FM L.F.
5' Std. S.S. Manhole Ea.
Extra Depth for 5' Dia. SSMH V.F.
FM Fittings, Air Release L.S.
Valves, Vacuum Brealcer
Valves
Trench Safety L.F.
System Testing & TV L.F.
Abandon & Dispose of ExistinF L.S.
Lakeview Ranch Lift Station
& Force Main
Sanitary Sewer Option 2A Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 2A Total
1
4,480
5,741
5,741
9
36
1
15,962
15,962
1
$895,000.00
$29.50
$25.00
$42.00
$3,500.00
$125.00
$50,000.00
$1.00
$2.00
$60,000.00
$736,585.00
$25,110.40
$118,121.08
$198,443.41
$5,985.00
$855.00
$41,150.00
$10,375.30
$20,750.60
$0.00
$1,157,375.78
$115,737.58
$231,475.16
$158,415.00
$107,049.60
$25,403.93
$42,678.59
$25,515.00
$3,645.00
$8,850.00
$5,586.70
$11,173.40
$60,000.00
$448,317.22
$44,831.72
$89,663.44
$1,504,588.52 $582,812.38
NOTES:
1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 3, 4
and 7 have been reduced by 82.3% reflecting existing flows and project flows within the basin.
2. Enclave at Lakeview Ranch coniributes 81 % of the overall flow in the proposed 12" gravity
line flowing to the Proposed Lift Station "C", therefore, items 2, 5 and 6 have been reduced
by 19% reflecting existing flows from Lakeview Ranch, Phase 1.
3. Items 8 and 9 haue been reduced by 65% to reflect the weighted average of Notes 1& 2.
This Engineer's opinion of probable construcrion cost is made on the basis of the Engineer's experience
and bestjudgement as a design professional. It must be recognized that any evaluarion of work to be
performed to construct this project must by necessity be specularive in nature until completion of its actual
detailed design. In addirion the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No:10091
ENGINEER'S OPINION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton County
Client: Arcadia
Realty Co.
Page: 7a of 8
TI'EM UNTf TOTAL
No. DESCRIPTION LJNIT QUANTITY PRICE COST
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Sanitary Sewer Facilities - Overall Basin Lift Station - Option 1B
Lift Station for 5,490 gpm
Lift Station for 654 gpm
6" C-900 DR-18 PVC FM
12" C-900 DR-18 PVC FM
12" SDR-35 PVC
5' Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
FM Fittings, Air Release Valves,
Vacuum Breaker Valves
Trench Safety
System Testing & TV
L.S.
L.S.
L.F.
L.F.
L.F.
Ea.
V.F.
L.S.
L.F.
L.F.
Sanitary Sewer Option 1B Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 1B Total
1
1
300
19,740
4,062
8
32
1
24,102
24,102
$895,000.00
$215,000.00
$15.50
$25.00
$29.50
$3,500.00
$125.00
$50,000.00
$895,000.00
$215,000.00
$4,650.00
$493,500.00
$119,829.00
$28,000.00
$4,000.00
$50,000.00
$1.00 $24,102.00
$2.00 $48,204.00
$1,882,285.00
$188,228.50
$376,457.00
$2,446,970.50
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No: 10091
ENGINEER'S OPINION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton County
Client: Arcadia
Realty Co.
Page: 7b of 8
TI'EM LTNIT CITY DEVELOPER
No. DESCRIPTION TJNIT:JANTITY PRICE COSTS COST
1.
2.
3.
4.
5.
6.
7.
8.
�
Sanitary Sewer Facilities - Overall Basin Lift Station - Option 1B (City Participation)
Lift Station for 5,490 gpm
Lift Station for 654 gpm
6" C-900 DR-18 PVC FM
12" C-900 DR-18 PVC F'M
12" SDR-35 PVC
5' Std. S.S. Manhole
Extra Depth for 5' Dia. SSMH
FM Fittings, Air Release
Valves, Vacuum Breaker
Valves
Trench Safety
System Testing & TV
L.S.
L.S.
L.F.
L.F.
L.F.
Ea.
V.F.
L.S.
L.F.
L.F.
Sanitary Sewer Option 1B Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 1B Total
1
1
300
19,740
4,062
8
32
1
24,102
24,102
$895,000.00
$215,000.00
$15.50
$25.00
$29.50
$3,500.00
$125.00
$50,000.00
$736,585.00
$64,500.00
$1,395.00
$406,150.50
$35,948.70
$8,400.00
$1,200.00
$41,150.00
$1.00 $16,63038
$2.00 $33,260.76
$1,345,22034
$134,522.03
$269,044.07
$158,415.00
$150,500.00
$3,255.00
$87,349.50
$83,88030
$19,600.00
$2,800.00
$8,850.00
$7,471.62
$14,943.24
$537,064.66
$53,706.47
$107,412.93
$1,748,786.44 $698,184.06
NOTES:
1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 4 and
8 have been reduced by 82.3% reflecting existing flows and project flows within the basin.
2. Enclave at Lakeview Ranch contributes 70% of the overall flow to the Proposed Lift
Station "C", therefore, items 2, 3, 5, 6 and 7 have been reduced by 30% reflecting existing
flows from the Grissom Lift Station.
3. Items 9 and 10 have been reduced by 69% to reflect the weighted average of Notes 1& 2.
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be speculative in nature until completion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
fumished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No: 10091
ENGINEER'S OPINION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton County
Client: Arcadia
Realty Co.
Page: 8a of 8
TfEM UNTT TOTAL
No. DESCRIPTION iJN1T QUANTTfY PRICE COST
Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2B
1. Lift Station for 5,490 gpm
2. 12" SDR-35 PVC
3. 12" C-900 DR-18 PVC FM
4. 5' Std. S.S. Manhole
5. Extra Depth for 5' Dia. SSMH
6. FM Fittings, Air Release Valves,
Vacuum Breaker Valves
7. Trench Safety
8. System Testing & TV
9. Abandon & Dispose oFExisting
Lakeview Ranch Lift Station
& Force Main
L.S.
L.F.
L.F.
Ea.
V.F.
L.S.
L.F.
L.F.
L.S.
Sanitary Sewer Option 2B Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 2B Total
1
4,480
17,223
9
36
1
21,703
21,703
1
$895,000.00
$29.50
$25.00
$3,500.00
$125.00
$50,000.00
$1.00
$2.00
$60,000.00
$895,000.00
$132,160.00
$430,575.00
$31,500.00
$4,500.00
$50,000.00
$21,703.00
$43,406.00
$60,000.00
$1,668,844.00
$166,884.40
$333,768.80
$2,169,497.20
This Engineer's opinion of probable construcrion cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluation of work to be
performed to construct this project must by necessity be specularive in nature until completion of its actual
detailed design. In addirion the engineer has no control over the cost of labor material or services to be
furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that ac[ual costs will not vary from the opinions expressed herein.
Date: 7/7/03
Job No: 10091
ENGINEER'S OPINION OF PROBABLE COST
Project: ENCLAVE at LAKEVIEW RANCH
Location: City of Denton, Denton County
Client: Arcadia
Realty Co.
Page: 8b of 8
TTEM UNIT CITY DEVELOPER
No. DESCRIPTION iJNITJANTPTY PRICE COSTS COST
Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2B (City Participation)
1. Lift Station for 5,490 gpm L.S.
2. 12" SDR-35 PVC L.F.
3. 12" C-900 DR-18 PVC FM L.F.
4. 5' Std. S.S. Manhole Ea.
5. Extra Depth for 5' Dia. SSMH V.F.
6. FM Fittings, Air Release L.S.
Valves, Vacuum Breaker
Valves
7. Trench Safety L.F.
8. System Testing & TV L.F.
9. Abandon & Dispose of ExistinE L.S.
Lakeview Ranch Lift Station
& Force Main
Sanitary Sewer Option 2B Subtotal
10% Contingency
Engineering & Surveying
Sanitary Sewer Option 2B Total
1
4,480
17,223
9
36
1
21,703
21,703
1
$895,000.00
$29.50
$25.00
$3,500.00
$125.00
$50,000.00
$1.00
$2.00
$60,000.00
$736,585.00
$25,110.40
$354,363.23
$5,985.00
$855.00
$41,150.00
$14,106.95
$28,213.90
$0.00
$1,206,369.48
$120,636.95
$241,273.90
$1,568,280.32
$158,415.00
$107,049.60
$76,211.78
$25,515.00
$3,645.00
$8,850.00
$7,596.05
$15,192.10
$60,000.00
$462,474.53
$46,247.45
$92,494.91
$601,216.88
NOTES:
1. Enclave at Lakeview Ranch conhibutes 17.7% of the overall flow, therefore, items 1, 3 and 6
have been reduced by 823% reflecting existing flows and project flows within the basin.
2. Enclave at Lakeview Ranch contributes 81 % of the overall flow in the proposed 12" gravity
line flowing to the Proposed Lift Station "C", therefore, items 2, 4 and 5 have been reduced
by 19% reflecting existing flows from Lakeview Ranch, Phase 1.
3. Items 7 and 8 have been reduced by 65% to reflect the weighted average of Notes 1& 2.
This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience
and best judgement as a design professional. It must be recognized that any evaluarion of work to be
performed to conshvct this project must by necessity be speculative in nature until complerion of its actual
detailed design. In addition the engineer has no control over the cost of labor material or services to be
fumished by others or over mazket conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee
that actuai costs will not vary from the opinions expressed herein.
APPENDIX B
TABLE 1
.�
�w cH
saniPary sewer Fbw Prqectias fw Fxisang ss. t;nes , a,w z
N07ES:
1. fe firtear f��ge of 8° SaniPary sex+�r I'vee in Sectiaa A
2 ' Be Gcsear �OP�e of 6° sanila[y sevser Gree in Se�m B.
3. hUrtimuvn �s Per CitY of Dentav Design Marx�L
4. Lo� fran epstin9 . Raase 9.
TABLE III
RIPARIAN UPLAND AREA REMAINING M AVERAGE pEpqNG INFLOW 8
FLOODPLAIN OF POPULATION PEAK FLOW TOTAL FLOW
ZONING AREA (Ae) BUFFER HABITAT TO BE DEVELOPED FLOW FACTOR �GPM� INFILTRA TION (GPM)
(At) �A�� �A�) �A�) DWELLING SERVED (GPM) (HpRMON'S) (GPM)
UNITS
A 46.6 0.3 0.0 0.0 462 1&5 592 41.1 4.00 �64.4 32 167.7
EGI 122.9 0.0 4.6 0.0 118.3 WA 2 958 20.5 3.45 70.8 82 79.0
ETJ 1871.4 288.4 10.7 201.3 1471.6 5 887 18,837 1306.1 2.68 3,5D4.0 1022 3,6062
IGE 2'1.4 0.0 0.0 0.0 21.4 WA 534 3.7 4.00 14.8 1.5 16.3
NR-2 � 368.1 592 6.7 41.0 281.7 563 1 803 1252 3.62 453.3 19.6 472.9
NR-3 27.5 0.0 2.3 0.0 25.3 - 76 243 16.9 4.00 67.4 1.8 692
NR-4 434.1 19.2 5.1 1382 340.7 1,383 4361 302.9 3.30 999.3 23.7 1,023.0
NR� 5 187.6 12 0.5 53.9 159.0 954 3 053 212.0 3.44 728.4 11.0 739.5
NRMU 35.2 0.0 0.0 0.8 34.8 522 1,304 90.6 3.72 337.2 2.4 339.6
NRMU-12 58.3 18.7 0.0 2.7 38.3 459 1,148 79.7 3.76 299.7 2.7 302.4
TOTAL 3,773.1 387.'I 29.8 437.8 2537.4 10,009 34,833 2,200.7 2.41 5,312.2 176.2 5,486.4
1. Assuming 4 single-family houses per acre, as mandated by the City.
2. Based on 25 persons/acre.
3. Based on 20 gallons/persoNday and a duration equal to the length of the longest shttt, assumed to be 12 hours
4. 301.8 Acres of the NR-2 Zoning has already been developed (Lakeview Ranch, Phase t).
5. includes 47.3 acres from a stte south of MclGnney that wili be included in the Lakevfew Ranch residential additlon.
6. Assuming 15 units per acre. �
7. Based on 100 alions/da /acre.
EXHIBIT E
LAKEVIEW RANCH SA1vITARY SEWER FACILITIES SCHEDULE
6/14/04 Initiate Construcrion Plans for Lift Station C, Force Main & Lakeview
Ranch Gravity Line
9/2/04 Submit Conshuction Plans for Lift Station C, Force Main & Lakeview
Ranch Gravity Line
11/15/04 Approval of Construcrion Plans
12/1/04 Initiate Construction of Lift Station C, Force Main & Lakeview Ranch
Gravity Line
7/1/OS Complete Construction of Lift Station C, Force Main & Lakeview Ranch
Gravity Line
1,
MEMORANDUM OF AGREEMENT
RESTRICTIVE COVENANTS
STATE OF TEXAS }
} KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF DENTON }
THIS Memorandum of Agreeme t and Restrictive Covenants ("Restricrive Covenants")
aze made and entered into as of the��ay of , 2004, by and between the
City of Denton, Texas (the "Cit}%') and Canyon Em rgy Partners, Ltd., a Texas limited
partnership (the "Property Owner").
WHEREAS, the Property Owner is the deroeloper of a residential subdivision project
located in the City of Denton, County of Denton, Texas as more particularly described in Exhibit
"A" (the "Phase One Propert}�') as well as other real property commonly lrnown as the Enclave
at Lakeview Ranch (the "DevelopmenY'); and
WHEREAS, there is insufficient capacity in the City's sanitary system to serve the
demands and needs created by the development of the Phase One Property; and
WHEREAS, On � - � , 2004 the City and Property Owner entered into that
certain Agreement for the ro ision of Sanitary Sewer Facilities providing for the design and
construction of sanitary sewer facilities to meet the needs of the Phase One Property, the
Development and the City as a whole (the "AgreemenY'); and
WHEREAS, a true and correct original of the Agreement is on file in the Office of the
City Secretary, Denton City Hall, 215 E. McKinney, Denton, Texas 76201, which Agreement is
incorporated herein by reference; and
WHEREAS, the City and Property Owner have entered into the Reshictive Covenants to
put all third parties and subsequent owners of the Phase One Property on notice of the restrictive
covenants contained in the Agreement which aze binding on the Phase One Property and all
owners thereof.
NOW THEREFORE, in consideration of the covenants contained in the Agreement, the
City and Property Owner agree as follows:
1. Section 7 of the Agreement contains covenants running with the Phase One Property,
which reads as follows:
7. It has been determined that the City's existing sanitary sewer system has insufTcient
capacity to serve all of the needs for the development of the Phase One Property. It is
agreed that not more than 125 siugle family residences ("Maximum Residences") shall
receive final inspection approval from the City Building Ofticial allowing occupancy of the
residences for the Phase One Property unless and until the Developer's Construction
Agreement—Page 1 2576.3
Project has been completed and finally accepted by the City (the "Comnletion of
Develooer's Imurovements"). Such tinal inspection approval will be made on a first come
first serve basis. Except as provided in Section 6 above, the City shall have the right to
withhold final inspection approval for residences above the Maximum Residences until the
Completion of Developer's Improvements. The Developer, as the sole owner of the Phase
One Property, hereby declares that all of the Phase One Property shall be held, sold and
conveyed subject to the covenants contained in this Section 7(no other terms in this
Agreement shall be binding upon a subsequent owner) which are covenants touching and
running with the Phase One Property and shall be binding on all parties having any right,
title or interest in the Phase One Property or any part thereof, either now or in the future,
aud their successors, heirs and assigns, and shall inure to the beneTit of the Developer, the
City and their successors and assigns. The City and Developer have simultaneously entered
into a Memorandum of Agreement and Restrictive Covenants (the °°Restrictive
Covenants") in substantially the same form as the Restrictive Covenants attached hereto
and made a part hereof by reference as Exhibit "F". The Restrictive Covenants shall be
recorded in the Real Property Records of Denton County, Texas. Upon completion and
acceptance of the Developer's Construction Project the City shall file in the Real Property
Records of Denton County a release releasing the Restrictive Covenants, and it shall not be
necessary that the Developer, or its successors or assigns, join in any such release for same
to release the Restrictive Covenants. NOTWITHSTANDING ANY PROVISION HEREIN,
THE FIR5T 125 SINGLE FAMILY RESIDENCES IN THE PHASE ONE PROPERTY
WHICH RECEIVE FINAL IN5PECTION APPROVALS FROM THE CITY ARE NOT
SUBJECT TO THE FOREGOING RESTRICTIVE COVENANTS.
2. Any person who sells or conveys any portion of the Phase One Property shall
prior to such sale or conveyance give separate written notice of the Agreement and these
Restrictive Covenants to the prospective purchaser or grantee, along with a sepazate notice to the
City including a copy of such written notice. Notice to the City shall be addressed as follows:
City Manager
City Hall
City of Denton
215 E. McKinney
Denton, Texas 76201
3. These Restrictive Covenants are to run with the land described herein as the Phase
One Property and shall be binding on all parties and all persons claiming under them, and any
future owners of ttte Phase One Property for a period of twenty-five yeazs from the date hereof or
until released by the City.
4 These Restrictive Covenants and the Agreement may be enforced by the Property
Owner and the City, and their successors, heirs or assigns by any proceeding at law or in equity.
Failure by the Property Owner or the City to enforce any covenant shall in no event be deemed a
waiver of the right to do so thereafter.
Agreement — Page 2 2576.3
5. Invalidation of any of the covenants or provisions contained in this instrument or
the Agreement by judgment or court order shall not in any manner affect any of the other
covenants or provisions herein set forth and all such remaining provisions shall remain in full
force and effect.
6 No subsequent change in the law shall in anyway affect the validity or
enforceabiliTy of these Restrictive Covenants and the Agreement.
7. If there are any existing liens against the Phase One Property, the Property Owner
shall obtain &om such lien holders written subordination agreements subordinating such liens to
these Restrictive Covenants and the Agreement and the rights of the City hereunder. Such
subordination agreements shall be in recordable form and shall be submitted to the City within
30 days of the Effective Date of the Agreement.
The parties hereto have executed these Restrictive Covenants to be effective as of the
date first above written (the "Effective Date").
THE CI F DENTON, TEXAS
Y�
Michael A. Conduff, Ci er
215 E. McKinney
Denton, Texas 76201
Fax No. (940) 349-8596
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYtJ1LA/1N/NOA ) V�.�R/.l'�A � /
I�
LEGAL FORM:
TI',l�ITY ATTORNEY
�
Midland, Texas 79701
Fax No.(432) 686-6469
ACKNOWLEDGMENTS
Agreement - Page 3 25763
STATE OF TEXAS
COUNTY OF DENTON
This instrument is aclmowledged before me, on this ��L day of
, 2004 by Michael A. Conduff, City Manager of the City of Denton, a
municiipa •orporation, on behalf of said municipal corporation.
,,,,
�;R'r�d;�o JANE E. RIC►IARDSON
" '"� Notery Pu61ic. State of Taxas
'� s My Commiasion Expires
y''�} �i`{'+° June 27, 2005
STATE OF TEXAS
COUNTY OF M lp� D
�ic? � � �l�t��o�c�
tary Public in and for
State of Texas
This instrument was aclmowledged before me on this J��' day of
AP'i � , 2004 by Gary D. Douglas, the Vice President of Canyon Energy
Paztners Ltd., a Texas limited partnership, on behalf of said 1'united partnership.
�,.M�� GRAGIE MATA
4.e NOTARY Pl1BLIC
, STATE OF TEXAS
1"� oF � My Comm. E�.09-27-2005
Agreement — Page 4
�;h.ac:� t'��-
Notary Public in and for
State of Texas
2576.3
Exhibit A
Tract A
81.830 Acres
BEING all that certain lot, tract or pazcel of land situated in the Moreau Forrest Survey
Abstract Number 417 in the City of Denton, Denton County, Texas, being a part of that
certain "Tract VII" of land conveyed by deed from Dieter Schwartz to Lakeview Ranch,
L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton
County, Texas, and being more particulazly described as follows:
BEGINNING at an iron rod found for comer in the south line of that certain iract of land
conveyed by deed from First Madison Bank, FSB to Ralph Bullazd recorded under
Clerk's File Number 93-R0020394, Real Property Records, Denton County, Texas, said
point being the northeast comer of Lot 1, Block 13 of Lakeview Ranch, Phase 1, an
addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet P, Page 363, Plat Records, Denton County, Texas;
THENCE S 87° 39' S3" E, 374.24 feet with said south line of said Bullazd tract to an iron
rod set for corner;
THENCE S 87° 52' 35" E, 1388.89 feet with said south line of said Bullard tract to an
iron rod set for corner in Trinity Road, a public roadway;
THENCE S 02° 43' 11" W, 2322.47 feet with said Trinity Road to an iron rod set for
corner, said point being the northeast comer of that certain tract of land conveyed by deed
from Shady Shores Limited Partnership to Irene McNett recorded in Volume 2936, Page
296, Real Property Records, Denton County, Texas;
1ZIENCE N 86° 53' 41" W, 1394.52 feet with the north line of said McNett tract to an
iron rod found for comer, said point being the northwest comer of said McNett tract;
THENCE N 53 ° 42' 47" W, 134.40 feet to an iron rod set for corner in the southeast line
of Lot 6 in said Block 9 of said Lakeview Ranch;
THENCE N 40° 29' 30" E, 222.22 feet with said southeast line of said Lot 6 to an iron
rod set for comer, said point being the southeast comer of Lot 5 in Block 9;
THENCE N 25° 51' 36" W, 164.43 feet with the east ]ine of said Lot 5 to an iron rod set .
for corner;
THENCE N 59° Ol' 33" W, 40.87 feet with the east line of said Lot 5 to an iron rod set
for comer;
THENCE N 11° 41' 14" E, 13.74 feet with the east line of said Lot 5 to an iron rod set
for corner;
THENCE N 70° 06' 22" E, 54.81 feet with the east line of said Lot 5 to an iron rod set
for corner;
THENCE N 57° 31' 14" E, 8839 feet with the east line of said Lot 5 and Lot 4 in said
Block 9 to an iron rod set for comer;
THENCE N 02° OS' 18" W, 88.68 feet with the east line of said Lot 4 to an iron rod set
for corner;
THENCE N 34° 46' 25" W, 133.12 feet with the east line of said Lot 4 to an iron rod set
for corner, said point being the southeast comer of Lot 3 in said Block 9;
THENCE N 09° 48' S3" E, 21332 feet with the east line of said Lot 3 to an iron rod set
for comer;
THENCE N 03° 07' 11" E, 349.74 feet with the east line of said Lot 3 and Lot 2 in said
Block 9 to an iron rod set for comer;
TI�NCE N 20° 19' 09" E, 116.20 Feet with the east line of said Lot 2 to an iron rod set
for corner, said point being the northeast comer of said Lot 2;
Tf�NCE N 89° 35' 31" W, 280.68 feet with the north line of said Lot 2 to an uon rod
found for corner, said point being the southeast corner of Lot 1 in said Block 9;
THENCE N 00° 24' 46" E, 304.54 feet with the east line of said Lot 1 to an iron rod set
for comer in the south line of Appaloosa Drive, a public roadway hauing a right-of-way
of 60.0 feet;
TI�NCE N OS° OS' 40" W, 60.00 feet to an iron rod set for comer in the north line of
said Appaloosa Drive;
THENCE along the arc of a curve to the left having a central angle of 04° 58' S8", a
radius of 630.00 feet, an azc length of 54.79 feet, whose chord beazs S 82° 24' S1" W,
54.77 feet with said north line of said Appaloosa Drive to an iron rod set for comer, said
point being the southeast corner of Lot 2 in said Block 13 of said Lakeview Ranch;
TI�NCE N 00° 25' 08" E, 588.52 feet with the east line of said Lot 2 and Lot 1, Block
13 to the PLACE OF BEGINNING and containing 81.830 acres of land.
Tract B
84.475 Acres
BEING all that certain lot, tract or parcel of land situated in the Moreau Forrest Survey Abstract
Number 417 in the City of Denton, Denton County, Texas being a part of certain "Tract I" and
"Tract VIIP' of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded
under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and
being more particularly described as followed;
BEGINNING at an iron rod found for corner in the south line of Blagg road, a public roadway
having a right-of-way of 60.0 feet, said point being the northeast comer of that certain tract of
]and conveyed by deed from Richard Stanley Musgrave and Michael Keith Musgrave, Trustees,
to Brian Page recorded in Volume 4636, Page 1461, Real Property Records, Denton County,
Texas;
THENCE S 87° 22' OS" E, 523.24 feet with said south line of said Blagg Road to an iron rod
found for comer, said point being the southwest corner of Lot 9, Block 12 of Lakeview Ranch,
Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet P, Page 363, Plat Records, Denton county, Texas;
THENCE S 87° 11' S7" E, 166.79 feet with said south line of said Blagg Road to an iron rod
found for corner, said point being the northwest corner of Lot 1, Block 11 of Lakeview Ranch;
THENCE S 02° 14' 33" W, 88031 feet with the west line of said Block 11 to an iron rod found
for comer, said point ofbeing the southwest comer of Lot 4 in said Block 11;
Tf�NCE S 87° 46' 36" E, 39.95 feet with the south line of said Lot 4 to an iron md found for
corner, said point being the northwest corner of Lot 5 in said Block 11;
THENCE S 02° 15' 06" W, 1913.16 feet with the west line of said Block 11 to an iron rod found
for corner in the south line of Draught Horse Drive a public roadway having a right-of-way of
60.0 feet;
THENCE S 88° 07' 12" E, 40.18 feet with said south line of said Draught Horse Drive to an iron
rod found for corner, said point being the northwest comer of Lot 19, in said Block 11 of said
Lakeview Ranch;
TI�NCE S 02 ° 11' 09" W, 842.80 feet with the west line of said Block 11 to an iron rod set for
comer, said point being the southwest comer of Lot 21 in said Block 11;
THENCE S 87° 18' 48" E, 287.02 feet with the south line of said Lot 21 to an iron rod set for
comer;
THENCE S 20° 21' 10" W, 52.88 feet with said west line of said Block 11 to an iron rod set for
corner;
THENCE S 12° 44' 38" E, 194.93 feet with said west line of said Block 11 to an iron rod set for
comer;
THENCE S 15 ° OS' 29" W, 82.58 feet with said west line of said Block 11 to an iron rod set for
comer;
THENCE S 32 ° 19' 00" E, 68.94 feet with said west line of said Block 11 to an iron rod set for
comer;
THENCE S 77 ° 34' 46" E, 191.50 feet with the south line of said Block 11 to an iron rod set for
comer;
THENCE N 54° 39' 49" E, 497.70 feet with the south line of said Block 11 to an iron rod set For
comer in the west line of Lakeview Boulevazd, a public roadway having a right-of-way of 80.0
feet;
THENCE N 82° 35' 45" E, 80.00 feet to an iron rod set for comer in the east line of said
Lakeview Boulevazd;
TI�NCE along the azc of a curve to the right having a central angle of OS° 13' 36", a radius of
540.00 feet, an arc length of 4926 feet, whose chord beats S 04° 55' 11" E, 49.24 feet with said
east line of said Lakeview Boulevazd to an iron rod set for corner in the west line of that certain
tract of land conveyed by deed from Kevin P. Shuma to Darrell D. Haskins and Deborah L.
Haskins recorded under Clerk's File Number 97-R0001578, Real Properiy Records, Denton
County, Texas;
THENCE S 00° 09' 06" E, 124.09 feet with said west line of said Haskins tract to an iron rod
found for corner, said point being the northwest corner of that certain tract of land conveyed by
deed from Mary Elizabeth Mitrikov to C. Wayne Jetton and wife, I,ois L. Jetton recorded under
Clerk's file Number 95-R0042324, Real Property Records, Denton County, Texas;
THENCE S 02 ° 19' 43" W, 128.30 feet with the west line of said Jetton tract to an iron rod found
for comer, said point being the northwest comer of that certain tract of land conveyed by deed
from Mary Louise Bird et al to Leon Kimes recorded in Volutne 1347, Page 392, Real Property
Records, Denton County, Texas;
THENCE S 02° 19' 43" W, 280.16 feet with the west line of said Kimes tract to an iron rod set
for corner in the north line of Lot 67, Block 9 of said Lakeview Ranch;
THENCE S 87° 09' OS" W, 76.44 feet to an iron rod set for comer in the proposed west line of
said Lakeview Boulevard;
THENCE S 29° 57' 13" W, 333.44 feet with said west line of said Lakeview Boulevard to an
iron rod set for comer;
THENCE along the arc of a curve to the left having a central angle of 24° 48' 06", a radius of
480.00 feet, an azc length of 207.78 feet, whose chord bears S 17° 33' 09" W, 206.16 feet with
said west line of said Lakeview Boulevard to an iron rod set for corner in Mills Road, a public
roadway;
THENCE N 87° 26' 15" W, 816.75 feet with said Mills Road to an iron rod found for comer,
said point.being the southeast comer of that certain tract of land conveyed by deed from B. B.
Mills and Ruth P. Mills to Patricia Mills Chandler et al recorded in Volume 1743, Page 552, Real
Property Records, Denton County, Texas:
"Tf�NCE N O1 ° 26' 22" E, 1162.19 feet with the east line of said Chandler tract and with the
east line of that certain "Tract II" conveyed by deed from Bobby E. Mullins to Brad Archer
recorded in Volume 4013, Page 1339, Real property Records; Denton County, Texas to an iron
rod found for corner, said point being the northeast comer of said Archer "Tract II";
THENCE N 87° 19' 25" W, 681.62 feet with the north line of said Archer "Tract II" to an iron
rod set for comer in the east line of that certain tract of land conveyed by deed from Bobby E.
Mullins and wife, Minnie L. Mullins to The Bobby E. Mullins and Minnie L. Mullins Revocable
Living Trust recorded in Volume 4732, Page 1974, Real Property Records, Denton County,
Texas;
THENCE N 02° 29' 20" E, 3638.93 feet with the east line of said Mullins Revocable Trust tract
and with the east line of that certain fract of land conveyed by deed from Bobby E. Mullins to
Brad Archer recorded under Clerk's File Nutnber 96-R0015562 Real Property Records, Denton
County, Texas and with the east line of that certain tract of land conveyed by deed from H.D.
Prewitt and wife, Lavonia Jo Prewitt to Doug Prewitt and wife, Anna Kay Prewitt recorded in
Volume 1965, Page 834, Real Property Records, Denton County, Texas and with the east line of
said Page tract to the PLACE OF BEGIIVNING and containing 84.475 acres of ]and.
STATE OF TEXAS §
COUNTY OF 1`; 1; §
This TERMINATION AND RELEASE AGREEMENT (this "Agreemem"), dated as of
August 10, 2015 (the '1-1fective Dale"), is made and entered into by and between Canyon Energy
Partners, Ltd., a Texas limited partnership (the "Developer") and the City of Denton, Texas, a home
rule municipality, located in Denton County, Texas (the "City"). The Developer and the City are
sometimes referred to herein individually as, a "Party" and collectively as, the "Nirtics."
WHEREAS, the Developer and the City are parties to that certain Agreement for the
Provision of Sanitary Sewer Facilities dated effective as of May 18, 2004 (the "Sanitary Sewer
Agreenient");
WHEREAS, the Sanitary Sewer Agreement is the "Agreement" referenced in that certain
Memorandum of Agreement and Restrictive Covenants dated May 24, 2004, between the City and
the Developer, filed for record in the Office of the County Clerk of Denton County, Texas on June 7,
2004 as Document Number 2004-73547 in the Official Records of Denton County, Texas;
WHEREAS, the Parties desire to terminate and cancel the Sanitary Sewer Agreement and
release one another from all obligations and liabilities thereunder.
NOW, THEREFORE, for and in consideration of the foregoing recitals, and the mutual
covenants, premises and conditions contained in this Agreement, the Parties agree as follows:
I 'I"ernifliation of Sanitgy A ceiDent. The Parties hereby terminate and cancel
the Sanitary Sewer Agreement, including, without limitation the restrictive covenants contained in
Section 7 thereof, with such termination and cancellation to be effective as of 7:00 a.m., Denton,
Texas time, on the Effective Date. For the avoidance of doubt, from and after 7:00 a.m., Denton,
Texas time, on the Effective Date, neither Party shall have any rights, duties or obligations under the
Sanitary Sewer Agreement, as the Sanitary Sewer Agreement, including, without limitation the
restrictive covenants contained in Section 7 thereof, shall be null, void and of no further force or
effect as of and after such time.
MOTOIDIV-1101011
a] 0 ZWKSK-101 eq,
FOREGOING (COLLECTIVELY, THE "RELEASING _11,A Wl'), HEREBY
UNCONDITIONALLY, IRREVOCABLY AND FOREVER RELEASE, DISCHARGE AND
ACQUIT, THE OTHER PARTY AND ANY AND ALL OF SUCH OTHER PARTY'S OWNERS,,
OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS,
RELATED ENTITIES, SUCCESSORS, ASSIGNS OR ANYONE CLAIMING BY OR THROUGH
ANY OF THE FOREGOING (COLLECTIVELY, THE "RELEASIJ) PARTIES"), FROM ANY
AND ALL INJURIES, CLAIMS, DAMAGES, FEES, COSTS, OR OTHER EQUITABLE AND
COMMON LAW RELIEF FOR ANY CAUSES OF ACTION, OBLIGATIONS, CONTRACTS,
TORTS, CLAIMS, DEMANDS, AND SUITS, OF WHATEVER CHARACTER, KNOWN AND
UNKNOWN, FIXED AND CONTINGENT, DIRECT AND INDIRECT, LIQUIDATED AND
UNLIQUIDATED, WHETHER ASSERTED OR UNASSERTED, WHICH ANY OF THE
RELEASING PARTIES EVER HAD OR NOW HAS AGAINST ANY OF THE RELEASED
I*ARTIES WITH RESPECT TO THE SANITARY SEWER AGREEMENT (OR TH&
TERMINATION THEREOF).
3. COVENANT NOT TO SUE. EACH PARTY ON SUCH PARTY'S OWN BEHALF
AND ON BEHALF OF SUCH PARTY'S SUCCESSORS AND ASSIGNS DOES HEREBY
IRREVOCABLY COVENANT TO REFRAIN FROM, DIRECTLY OR INDIRECTLY,
ASSERTING ANY CLAIM OR DEMAND, OR COMMENCING, INSTITUTING OR CAUSING
TO BE COMMENCED, ANY PROCEEDING OF ANY KIND AGAINST ANY RELEASED
PARTY, BASED UPON, ARISING OUT OF OR DERIVED FROM THE SANITARY SEWER
AGREEMENT (OR THE TERMINATION THEREOF) OR ANY MATTER PURPORTED TO BE
RELEASED HEREBY.
4. Authority. Each Party represents and warrants to the other Party that: (a) such Party
has the full right, power and authority to execute and deliver this Agreement without obtaining any
consents or approvals from, or the taking of any other actions with respect to any third parties, and
(b) this Agreement, when executed and delivered by or on behalf of such Party, will constitute the
legal, valid and binding agreement of such Party, enforceable against such Party in accordance with
its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium and other similar
laws
• creditor's • •" and •' principles of "•
5. Further Assurances. The Parties shall undertake to perform their obligations under
this Agreement, to satisfy all conditions, and to cause the transactions contemplated by this
Agreement to be carried out in accordance with the terms of this Agreement. Each Party shall, at any
time and from time to time after the Effective Date, execute, acknowledge (where appropriate) and
deliver such further instruments and documents and take such • action as may • reasonably
requested by the other Party in order to carry out the intent and purpose of this Agreement.
6. Waiver. No waiver of any right under this Agreement shall be deemed effective
unless contained in a writing signed by the Party charged with such waiver, and no waiver of any
right arising from any breach or failure to perform shall be deemed to be a waiver of any future such
right or of any other right arising under this Agreement.
7. COLInterix-p-ts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
N
'•'. Entire Agj:��gjnet'q. This Agreement setsforth •.constitutes the entire agreement
among the parties hereto with respect to the subject matter hereof, and supersedes any and all prior
agreements, understandings, promises and representations made by either Party or any agent thereof,
to the other Party concerning the subject matter hereof and the terms applicable hereto. Neither Party
is entering into this Agreement on a basis of any promise or representation other than those appearing
within the four corners of this Agreement. This Agreement may not be released, discharged,
amended, or modified in any manner except by an instrument in writing signed by both Parties.
11111,11 ♦ ININ1011 i ♦ j , •
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
RIM
By:
Name:
. ...... .... .. . . . . ...
Title:
ATTEST:
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, C -ATTORNEY
By:
By:
Name: Gary D. ", otlgl."Is
Title: Co -1-11-4,111t
SIGNATURE PAGE To TERMINATION AND RELEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me thiQ ""Vday o( d-2015, by George C.
Campbell, City Manager of the City of Denton, a home , rtile muziicipalitv,cin lac half of said home
rule municipality.
JENNIFER K, WALTERS
Notary Public, SkAe of Texas
My Cornrniss�on 6xpRes
Decembet 19, 2018
C -TATE OF TEXAS §
COUNTY OF MIDLAND §
+'Notaly"blic'-State of Texas
This instrument was acknowledged before me this 10'h day of August, 2015, by
Gary D. Douglas, Co -President of Canyon Energy Partners, Ltd., a Texas limited partnership, on
behalf of said limited partnership.
V1
GRACIE MATA
Notary Publlo Notary Public -State of Tex
STATE OF TEXAS
MFO-M. - . om-20117
ACKNOWLEDGMENT PAGE To TERMINATION AND RELEASE AGREEMENT
Texas